https://www.taxtmi.com/caselaws?id=98903 A suit under Order 21, Rule 63 CPC against a company in liquidation is treated as fresh proceedings, not a mere continuation of the Rule 58 claim inquiry, because Rule 58 is confined to possession while Rule 63 also determines title and may lie in a different forum. On that basis, Section 171 of the Indian Companies Act, 1913 was held to be express, mandatory and applicable, so leave had to be obtained before instituting or proceeding with the suit. The contrary authorities were distinguished on their facts and context. en-us Tue, 23 Nov 1971 00:00:00 +0530 Tue, 24 Jan 2012 15:28:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=98903 A suit under Order 21, Rule 63 CPC against a company in liquidation is treated as fresh proceedings, not a mere continuation of the Rule 58 claim inquiry, because Rule 58 is confined to possession while Rule 63 also determines title and may lie in a different forum. On that basis, Section 171 of the Indian Companies Act, 1913 was held to be express, mandatory and applicable, so leave had to be obtained before instituting or proceeding with the suit. The contrary authorities were distinguished on their facts and context. Case-Laws Companies Law Tue, 23 Nov 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=98903