https://www.taxtmi.com/caselaws?id=105348 Execution against a company's estate after commencement of winding up requires leave of the company court; commencement relates back to presentation of the winding-up petition. Post-commencement execution without leave is void, even where the underlying decrees predate the winding-up order, so decree holders cannot retain amounts realised through such execution. An Official Liquidator's application for recovery is subject to Article 137 of the Limitation Act, 1963. Section 458A of the Companies Act, 1956 affects limitation computation where applicable but does not exclude the Limitation Act. The recovery application, having been made beyond the prescribed period, was time-barred and dismissed. 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; commencement relates back to presentation of the winding-up petition. Post-commencement execution without leave is void, even where the underlying decrees predate the winding-up order, so decree holders cannot retain amounts realised through such execution. An Official Liquidator's application for recovery is subject to Article 137 of the Limitation Act, 1963. Section 458A of the Companies Act, 1956 affects limitation computation where applicable but does not exclude the Limitation Act. The recovery application, having been made beyond the prescribed period, was time-barred and dismissed. Case-Laws Companies Law Thu, 01 Mar 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=105348