https://www.taxtmi.com/caselaws?id=106181 Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 bars an application filed within winding-up proceedings against a sick industrial company, because the proceeding is treated as part of the winding-up process rather than an independent action; the application was therefore not maintainable. Section 446 of the Companies Act, 1956 applies only where a winding-up order is operative or a provisional liquidator has been appointed; as that jurisdictional basis was absent, the provision did not confer maintainability. The application accordingly failed on both statutory grounds, leaving relief to be sought before BIFR. en-us Fri, 29 Jan 1999 00:00:00 +0530 Mon, 12 Mar 2012 18:52:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=106181 Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 bars an application filed within winding-up proceedings against a sick industrial company, because the proceeding is treated as part of the winding-up process rather than an independent action; the application was therefore not maintainable. Section 446 of the Companies Act, 1956 applies only where a winding-up order is operative or a provisional liquidator has been appointed; as that jurisdictional basis was absent, the provision did not confer maintainability. The application accordingly failed on both statutory grounds, leaving relief to be sought before BIFR. Case-Laws Companies Law Fri, 29 Jan 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=106181