Case No.09/21
14.02.2022
Present:
This case is at initial stage.
It is stated by the counsel for the Complainant on 29.10.2021 that the OP Company has gone into liquidation and a provisional liquidator has been appointed by Hon’ble High Court, vide order Co.PET.485/2015 pronounced on 19.12.2017.
As per Section 446 of the Companies Act, 1956:
Section (446)- SUITS STAYED ON WINDING UP ORDER
- When a winding up order has been made or the Official Liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending at the date of winding up order shall be proceeded with, against the company, except by leave of the Tribunal and subject to such terms as the Tribunal may impose.
- The Tribunal shall, notwithstanding anything contained in any other law for the time being in force, have jurisdiction to entertain, or dispose of-
- any suit or proceeding by or against the company;
- any claim made by or against the company (including claims by or against any of its branches in India);
- any application made under section 391 by or in respect of the company;
- any question of priorities or any other question whatsoever, whether of law or fact, which may relate to or arise in course of the winding up of the company;
Whether such suit or proceeding has been instituted, or is instituted, or such claim or question has arisen or arises or such application has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the Companies (Amendment) Act, 1960.
(3) ……….
(4) Nothing in sub-section (1) or sub-section (3) shall apply to any proceeding pending in appeal before the Supreme Court or a High Court.
In view of the above the instant case is not maintainable in the Commission, hence dismissed.
File be consigned to the record room after giving a copy of the order to the parties as per rules.
