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Issues: Whether leave of the winding-up court under Section 171 of the Indian Companies Act is necessary to prosecute an appeal pending at the date of a winding-up order when the appeal is by a defendant against a decree obtained by the company.
Analysis: Section 171 provides that no suit or other legal proceeding shall be proceeded with or commenced against the company after a winding-up order except by leave of the court. The question turns on whether an appeal pending at the date of winding-up is a "proceeding against the company" requiring leave. An earlier Punjab decision treating a revision as a proceeding against the company supports requiring leave. A Full Bench later relied on Humber v. Griffiths (House of Lords) to hold leave unnecessary, but that House of Lords decision is limited: there the proceeding pending at winding-up was by the company (an appeal prosecuted by the company) which did not require leave, and the House of Lords observed that defendants' defensive steps in that situation need not be stayed. Distinguishing that limit, where the pending appeal is by a defendant against the company (i.e., a proceeding against the company), the ordinary language of Section 171 requires leave of the winding-up court to continue prosecution of that appeal.
Conclusion: Leave of the winding-up court under Section 171 of the Indian Companies Act is necessary to prosecute an appeal pending at the date of the winding-up order when the appeal is a proceeding against the company; leave is granted to the appellant.
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