https://www.taxtmi.com/caselaws?id=96958 An application under Order 21 Rule 91 CPC to set aside a court sale in execution of a decree held by a company in liquidation did not require prior leave under clause 171 of the Companies Act, 1913. The court read clause 171 in its ordinary and contextual sense and held that it bars only original proceedings against the company, not defensive steps or applications arising within proceedings already instituted by the company as decree-holder. Because the application was a defensive measure in existing execution proceedings, no leave of the winding-up court was necessary and the objection failed. en-us Wed, 30 Apr 1947 00:00:00 +0530 Fri, 13 Jan 2012 14:37:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96958 An application under Order 21 Rule 91 CPC to set aside a court sale in execution of a decree held by a company in liquidation did not require prior leave under clause 171 of the Companies Act, 1913. The court read clause 171 in its ordinary and contextual sense and held that it bars only original proceedings against the company, not defensive steps or applications arising within proceedings already instituted by the company as decree-holder. Because the application was a defensive measure in existing execution proceedings, no leave of the winding-up court was necessary and the objection failed. Case-Laws Companies Law Wed, 30 Apr 1947 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96958