https://www.taxtmi.com/caselaws?id=97076 A company in liquidation retains capacity to sue, but proceedings must be instituted in the company's name and on its behalf through the liquidator under section 179(a) of the Indian Companies Act, 1913. A petition described merely as being by the joint liquidators was therefore in defective form, not because the claim was invalid, but because the description did not conform to the statutory mode of proceeding. The defect was treated as one of form only and was curable by amendment without introducing a new party, so the petition could be amended to comply with the statutory requirement. en-us Fri, 22 Sep 1950 00:00:00 +0530 Fri, 13 Jan 2012 18:40:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=97076 A company in liquidation retains capacity to sue, but proceedings must be instituted in the company's name and on its behalf through the liquidator under section 179(a) of the Indian Companies Act, 1913. A petition described merely as being by the joint liquidators was therefore in defective form, not because the claim was invalid, but because the description did not conform to the statutory mode of proceeding. The defect was treated as one of form only and was curable by amendment without introducing a new party, so the petition could be amended to comply with the statutory requirement. Case-Laws Companies Law Fri, 22 Sep 1950 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=97076