Stay on proceedings during winding up requires Tribunal leave to commence or continue suits and vests jurisdiction over related claims. When a winding up order is made or a provisional liquidator appointed, no suit or legal proceeding may be commenced or continued against the company except with the leave of the Tribunal and on terms it imposes; the Tribunal also has jurisdiction to entertain suits, claims (including branch claims), section 391 applications, and questions of priorities or other law or fact arising in winding up, subject to the exclusion of proceedings pending in appeal before the Supreme Court or a High Court.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Stay on proceedings during winding up requires Tribunal leave to commence or continue suits and vests jurisdiction over related claims.
When a winding up order is made or a provisional liquidator appointed, no suit or legal proceeding may be commenced or continued against the company except with the leave of the Tribunal and on terms it imposes; the Tribunal also has jurisdiction to entertain suits, claims (including branch claims), section 391 applications, and questions of priorities or other law or fact arising in winding up, subject to the exclusion of proceedings pending in appeal before the Supreme Court or a High Court.
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