https://www.taxtmi.com/caselaws?id=99590 Leave to proceed against a company in liquidation under section 446 of the Companies Act, 1956 may be granted after a suit has already been instituted, and the proceeding becomes effective from the date leave is granted. The provision was compared with section 171 of the Indian Companies Act, 1913 and the English counterpart, and the change in wording was treated as a drafting expansion rather than a substantive departure. The leave requirement serves to keep the winding-up court informed of proceedings against the company and to secure equitable administration of its assets. A suit filed without prior leave is not automatically dismissed for that reason alone. en-us Thu, 19 Jan 1978 00:00:00 +0530 Fri, 27 Jan 2012 18:54:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=99590 Leave to proceed against a company in liquidation under section 446 of the Companies Act, 1956 may be granted after a suit has already been instituted, and the proceeding becomes effective from the date leave is granted. The provision was compared with section 171 of the Indian Companies Act, 1913 and the English counterpart, and the change in wording was treated as a drafting expansion rather than a substantive departure. The leave requirement serves to keep the winding-up court informed of proceedings against the company and to secure equitable administration of its assets. A suit filed without prior leave is not automatically dismissed for that reason alone. Case-Laws Companies Law Thu, 19 Jan 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=99590