https://www.taxtmi.com/caselaws?id=99031 The court clarified that obtaining leave of the winding-up court under section 446 of the Companies Act, 1956 is not a strict prerequisite for initiating legal proceedings against a company under liquidation. The judgment emphasized that while leave is essential to protect the company's interests, its absence does not automatically invalidate proceedings. The court held that failure to obtain leave does not warrant automatic dismissal of proceedings and directed the petitioner to seek leave, reinstating the application for further proceedings. The decision highlighted that leave can be obtained retrospectively, emphasizing procedural safeguards over strict conditions. en-us Mon, 11 Dec 1972 00:00:00 +0530 Tue, 24 Jan 2012 18:42:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=99031 The court clarified that obtaining leave of the winding-up court under section 446 of the Companies Act, 1956 is not a strict prerequisite for initiating legal proceedings against a company under liquidation. The judgment emphasized that while leave is essential to protect the company's interests, its absence does not automatically invalidate proceedings. The court held that failure to obtain leave does not warrant automatic dismissal of proceedings and directed the petitioner to seek leave, reinstating the application for further proceedings. The decision highlighted that leave can be obtained retrospectively, emphasizing procedural safeguards over strict conditions. Case-Laws Companies Law Mon, 11 Dec 1972 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=99031