https://www.taxtmi.com/caselaws?id=99819 In winding-up proceedings, a sale of company property after commencement of winding up without leave of the company court is void. The Delhi High Court stated that an order permitting execution and attachment did not amount to leave to sell, because express permission to sell was required. It further held that the company court had jurisdiction under the Companies Act, 1956 to set aside the auction sale despite confirmation by the executing court, because a void sale was not protected by res judicata. The liquidator in voluntary winding up under supervision did not waive the right to challenge the sale by participating in the execution proceedings. en-us Wed, 30 Apr 1980 00:00:00 +0530 Mon, 30 Jan 2012 12:17:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=99819 In winding-up proceedings, a sale of company property after commencement of winding up without leave of the company court is void. The Delhi High Court stated that an order permitting execution and attachment did not amount to leave to sell, because express permission to sell was required. It further held that the company court had jurisdiction under the Companies Act, 1956 to set aside the auction sale despite confirmation by the executing court, because a void sale was not protected by res judicata. The liquidator in voluntary winding up under supervision did not waive the right to challenge the sale by participating in the execution proceedings. Case-Laws Companies Law Wed, 30 Apr 1980 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=99819