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    <title>1977 (2) TMI 84 - Supreme Court</title>
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    <description>Sections 442 and 446 of the Companies Act, 1956 had to be read together to advance expeditious determination of claims in winding-up proceedings. The power to stay proceedings under section 442(b) was discretionary, not mandatory, because the word &quot;may&quot; conferred authority rather than an obligation. A stay could not be granted mechanically merely because an application was maintainable; the court had to consider the totality of facts and refuse relief where the request was aimed at delaying adjudication. The company judge&#039;s refusal to stay proceedings was a proper exercise of discretion, and appellate interference was unjustified.</description>
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    <pubDate>Thu, 10 Feb 1977 00:00:00 +0530</pubDate>
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      <title>1977 (2) TMI 84 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=99388</link>
      <description>Sections 442 and 446 of the Companies Act, 1956 had to be read together to advance expeditious determination of claims in winding-up proceedings. The power to stay proceedings under section 442(b) was discretionary, not mandatory, because the word &quot;may&quot; conferred authority rather than an obligation. A stay could not be granted mechanically merely because an application was maintainable; the court had to consider the totality of facts and refuse relief where the request was aimed at delaying adjudication. The company judge&#039;s refusal to stay proceedings was a proper exercise of discretion, and appellate interference was unjustified.</description>
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      <pubDate>Thu, 10 Feb 1977 00:00:00 +0530</pubDate>
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