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    <title>1953 (10) TMI 30 - HIGH COURT OF PUNJAB</title>
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    <description>A fresh petition for compulsory winding up was considered maintainable in the East Punjab High Court even though an earlier winding-up petition by the same petitioner against the same company was still pending in the Lahore High Court. Article 13 of the High Courts (Punjab) Order, 1947 preserved pending original-side proceedings for determination by the Lahore High Court, but it did not create a bar against a second petition in a court of competent jurisdiction. Section 10 of the Civil Procedure Code was treated as a stay provision, not a rule requiring dismissal. The existence of the earlier petition therefore did not by itself defeat maintainability, and the single Judge&#039;s dismissal of the application was incorrect.</description>
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    <pubDate>Thu, 01 Oct 1953 00:00:00 +0530</pubDate>
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      <title>1953 (10) TMI 30 - HIGH COURT OF PUNJAB</title>
      <link>https://www.taxtmi.com/caselaws?id=97257</link>
      <description>A fresh petition for compulsory winding up was considered maintainable in the East Punjab High Court even though an earlier winding-up petition by the same petitioner against the same company was still pending in the Lahore High Court. Article 13 of the High Courts (Punjab) Order, 1947 preserved pending original-side proceedings for determination by the Lahore High Court, but it did not create a bar against a second petition in a court of competent jurisdiction. Section 10 of the Civil Procedure Code was treated as a stay provision, not a rule requiring dismissal. The existence of the earlier petition therefore did not by itself defeat maintainability, and the single Judge&#039;s dismissal of the application was incorrect.</description>
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      <pubDate>Thu, 01 Oct 1953 00:00:00 +0530</pubDate>
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