https://www.taxtmi.com/caselaws?id=98941 An unconditionally withdrawn petition under sections 397 and 398 of the Companies Act, 1956, without express liberty to file afresh, bars a later petition on the same cause of action because Rule 6 applies the Civil Procedure Code and Order 23 Rule 1 remains effective in company proceedings. The leave required under Rule 88(2) authorises withdrawal only and does not displace that procedural bar. A prior winding-up petition withdrawn as not pressed does not, by itself, prevent enquiry under sections 397 and 398, because the remedies are distinct. Later allegations of mismanagement and oppression arising after the earlier withdrawal may still be examined as a separate factual basis for relief. en-us Thu, 19 Aug 1971 00:00:00 +0530 Tue, 24 Jan 2012 16:32:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=98941 An unconditionally withdrawn petition under sections 397 and 398 of the Companies Act, 1956, without express liberty to file afresh, bars a later petition on the same cause of action because Rule 6 applies the Civil Procedure Code and Order 23 Rule 1 remains effective in company proceedings. The leave required under Rule 88(2) authorises withdrawal only and does not displace that procedural bar. A prior winding-up petition withdrawn as not pressed does not, by itself, prevent enquiry under sections 397 and 398, because the remedies are distinct. Later allegations of mismanagement and oppression arising after the earlier withdrawal may still be examined as a separate factual basis for relief. Case-Laws Companies Law Thu, 19 Aug 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=98941