https://www.taxtmi.com/caselaws?id=105348 Execution against a company's estate after commencement of winding up requires leave of the company court, because commencement relates back to presentation of the winding-up petition; execution initiated after that date without leave is void. The note also states that Article 137 of the Limitation Act, 1963 applies to applications made to a court under any enactment, including an Official Liquidator's application in winding-up proceedings, and Section 458A of the Companies Act, 1956 does not exclude that application. On that basis, the liquidator's request for return of realised amounts was treated as time-barred. en-us Thu, 01 Mar 2001 00:00:00 +0530 Mon, 05 Mar 2012 13:37:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=105348 Execution against a company's estate after commencement of winding up requires leave of the company court, because commencement relates back to presentation of the winding-up petition; execution initiated after that date without leave is void. The note also states that Article 137 of the Limitation Act, 1963 applies to applications made to a court under any enactment, including an Official Liquidator's application in winding-up proceedings, and Section 458A of the Companies Act, 1956 does not exclude that application. On that basis, the liquidator's request for return of realised amounts was treated as time-barred. Case-Laws Companies Law Thu, 01 Mar 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=105348