https://www.taxtmi.com/caselaws?id=103225 A secured creditor may stand outside winding up and, with leave of the company court, continue an already instituted mortgage or hypothecation suit to realise security; the company court's power to adjudicate claims under section 446(2)(b) does not eliminate that election. Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 operates only against execution and coercive processes in execution of decrees, and does not bar the filing or continuation of suits. Late-stage objections seeking transfer, or relying on merits, limitation, guarantor discharge, or territorial jurisdiction, are matters for the trial court and do not justify refusal of leave. en-us Tue, 14 Jun 1994 00:00:00 +0530 Tue, 21 Feb 2012 16:29:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=103225 A secured creditor may stand outside winding up and, with leave of the company court, continue an already instituted mortgage or hypothecation suit to realise security; the company court's power to adjudicate claims under section 446(2)(b) does not eliminate that election. Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 operates only against execution and coercive processes in execution of decrees, and does not bar the filing or continuation of suits. Late-stage objections seeking transfer, or relying on merits, limitation, guarantor discharge, or territorial jurisdiction, are matters for the trial court and do not justify refusal of leave. Case-Laws Companies Law Tue, 14 Jun 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=103225