https://www.taxtmi.com/caselaws?id=96849 A suit under Order 21, Rule 63 CPC against a company in liquidation cannot be instituted without prior leave of the winding-up court. Section 171 of the Companies Act, 1913 was treated as creating an absolute bar on commencing or continuing any suit or other legal proceeding against such a company unless leave is obtained. Because a Rule 63 suit is brought by plaint as an independent original action in a court of first instance, it falls within the plain meaning of "suit" and also within the broader expression "legal proceeding". Leave was therefore required before institution, and the question was answered against the appellant. en-us Tue, 17 Jun 1941 00:00:00 +0530 Wed, 11 Jan 2012 15:42:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96849 A suit under Order 21, Rule 63 CPC against a company in liquidation cannot be instituted without prior leave of the winding-up court. Section 171 of the Companies Act, 1913 was treated as creating an absolute bar on commencing or continuing any suit or other legal proceeding against such a company unless leave is obtained. Because a Rule 63 suit is brought by plaint as an independent original action in a court of first instance, it falls within the plain meaning of "suit" and also within the broader expression "legal proceeding". Leave was therefore required before institution, and the question was answered against the appellant. Case-Laws Companies Law Tue, 17 Jun 1941 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96849