https://www.taxtmi.com/caselaws?id=96894 Section 171 of the Indian Companies Act was construed broadly so that "proceeding" includes execution proceedings against a company in liquidation. After a winding-up order and appointment of a provisional liquidator, execution cannot continue as of right; leave of the winding-up court is required to ensure the court controls further steps against the company and determines whether execution should proceed or be adjusted through the liquidator. The company was treated as a substantive party, not a mere pro forma defendant. The lower courts' contrary view was incorrect. en-us Wed, 21 Oct 1942 00:00:00 +0630 Wed, 11 Jan 2012 18:37:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96894 Section 171 of the Indian Companies Act was construed broadly so that "proceeding" includes execution proceedings against a company in liquidation. After a winding-up order and appointment of a provisional liquidator, execution cannot continue as of right; leave of the winding-up court is required to ensure the court controls further steps against the company and determines whether execution should proceed or be adjusted through the liquidator. The company was treated as a substantive party, not a mere pro forma defendant. The lower courts' contrary view was incorrect. Case-Laws Companies Law Wed, 21 Oct 1942 00:00:00 +0630 https://www.taxtmi.com/caselaws?id=96894