https://www.taxtmi.com/caselaws?id=103322 Section 446(1) of the Companies Act, 1956 does not require prior leave as a condition precedent to instituting proceedings against a company in winding up. Leave may be granted after the suit has already been filed, and once granted, the proceeding is treated as instituted from the date of leave. On that basis, the applicant was permitted to continue the pending arbitration suit against the company in liquidation, with the court noting that the nature of the dispute and the presence of other parties supported continuation in the existing action. en-us Wed, 03 Jul 1996 00:00:00 +0530 Wed, 22 Feb 2012 13:29:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=103322 Section 446(1) of the Companies Act, 1956 does not require prior leave as a condition precedent to instituting proceedings against a company in winding up. Leave may be granted after the suit has already been filed, and once granted, the proceeding is treated as instituted from the date of leave. On that basis, the applicant was permitted to continue the pending arbitration suit against the company in liquidation, with the court noting that the nature of the dispute and the presence of other parties supported continuation in the existing action. Case-Laws Companies Law Wed, 03 Jul 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=103322