https://www.taxtmi.com/caselaws?id=103416 Section 22(1) of the Sick Industrial Companies Act does not bar relief once no proceeding under that Act is pending; the chamber summons was therefore not barred when decided. Section 446 of the Companies Act applies only after a winding up order or appointment of a provisional liquidator, and a BIFR recommendation for winding up is insufficient; section 446 did not apply. After presentation of a winding up petition, winding up is deemed to commence and execution against company assets cannot proceed without leave of the company court under sections 441 and 537; the receiver order could not be executed without such leave, and the plaintiffs were not entitled to the requested directions. en-us Tue, 22 Apr 1997 00:00:00 +0530 Wed, 22 Feb 2012 17:26:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=103416 Section 22(1) of the Sick Industrial Companies Act does not bar relief once no proceeding under that Act is pending; the chamber summons was therefore not barred when decided. Section 446 of the Companies Act applies only after a winding up order or appointment of a provisional liquidator, and a BIFR recommendation for winding up is insufficient; section 446 did not apply. After presentation of a winding up petition, winding up is deemed to commence and execution against company assets cannot proceed without leave of the company court under sections 441 and 537; the receiver order could not be executed without such leave, and the plaintiffs were not entitled to the requested directions. Case-Laws Companies Law Tue, 22 Apr 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=103416