https://www.taxtmi.com/caselaws?id=101048 Leave to sue a company in liquidation under section 446(2) of the Companies Act, 1956 is discretionary and depends on the overall impact of the proposed proceeding on the liquidation estate, creditors, and the winding-up process. The court may refuse leave where the applicant knew of the winding-up, commenced the suit without prior permission, sought relief inconsistent with binding liquidation orders, or appeared to be seeking an ex parte advantage before later approval. On those facts, leave to proceed was refused because the proposed suit was prima facie vexatious, prejudicial to the assets in liquidation, and an abuse of process. en-us Thu, 25 Aug 1983 00:00:00 +0530 Wed, 08 Feb 2012 13:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101048 Leave to sue a company in liquidation under section 446(2) of the Companies Act, 1956 is discretionary and depends on the overall impact of the proposed proceeding on the liquidation estate, creditors, and the winding-up process. The court may refuse leave where the applicant knew of the winding-up, commenced the suit without prior permission, sought relief inconsistent with binding liquidation orders, or appeared to be seeking an ex parte advantage before later approval. On those facts, leave to proceed was refused because the proposed suit was prima facie vexatious, prejudicial to the assets in liquidation, and an abuse of process. Case-Laws Companies Law Thu, 25 Aug 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101048