https://www.taxtmi.com/caselaws?id=103049 Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 bars winding-up proceedings where a sick company reference, inquiry, scheme process, or appeal is pending, unless consent is obtained from the Board or Appellate Authority. The bar applies both to institution of a fresh petition and to continuation of proceedings already filed. Where the company had already been declared sick and the reference was pending before the Board when the winding-up petition was presented, the petition was not maintainable. Section 22(5) preserves limitation by excluding the suspension period, so the creditor's remedy remains available if consent is later secured. en-us Tue, 23 Jan 1996 00:00:00 +0530 Mon, 20 Feb 2012 15:12:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=103049 Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 bars winding-up proceedings where a sick company reference, inquiry, scheme process, or appeal is pending, unless consent is obtained from the Board or Appellate Authority. The bar applies both to institution of a fresh petition and to continuation of proceedings already filed. Where the company had already been declared sick and the reference was pending before the Board when the winding-up petition was presented, the petition was not maintainable. Section 22(5) preserves limitation by excluding the suspension period, so the creditor's remedy remains available if consent is later secured. Case-Laws Companies Law Tue, 23 Jan 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=103049