RULING OF HANCOX, J A
The record of this intended Appeal (which has not yet been lodged, but which Mr Khaminwa kindly supplied and to which he and Mr Jowhal agreed I might refer, though not for the purpose of assessing the merits of the appeal) shows that a petition for the winding up of HARI SINGH and COMPANY LIMITED was filed on 30th November, 1978. Before it was heard, the company applied for an order to restrain the Petitioner from proceeding further and to strike out the petition on the grounds that the Company was not insolvent. This was heard by Kneller J (as he then was) on December 19th, 1978, and allowed by him on the following day.
Notice of Appeal against that decision was filed by the Petitioner on 2nd January 1979, within the period prescribed by Rule 74(2) of the Rules of this Court. On the same day his advocates, Messrs Khaminwa and Khaminwa, applied to the High Court for a certified copy of the proceedings and of the ruling, copying that request, correctly, to the other…