https://www.taxtmi.com/caselaws?id=104179 Rule 117 of the Companies (Court) Rules, 1959 requires notice to the official liquidator and to the parties to the suit or proceeding before leave is granted under section 446(1) of the Companies Act, 1956; a guarantor-defendant in the suit is therefore entitled to be heard. An application seeking leave to continue a suit already pending when a winding-up order is made is not a fresh substantive claim and is not governed by article 137 of the Limitation Act, 1963. Permission to continue the suit extends to ancillary proceedings such as restoration applications. en-us Thu, 27 May 1999 00:00:00 +0530 Tue, 28 Feb 2012 11:43:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=104179 Rule 117 of the Companies (Court) Rules, 1959 requires notice to the official liquidator and to the parties to the suit or proceeding before leave is granted under section 446(1) of the Companies Act, 1956; a guarantor-defendant in the suit is therefore entitled to be heard. An application seeking leave to continue a suit already pending when a winding-up order is made is not a fresh substantive claim and is not governed by article 137 of the Limitation Act, 1963. Permission to continue the suit extends to ancillary proceedings such as restoration applications. Case-Laws Companies Law Thu, 27 May 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=104179