https://www.taxtmi.com/caselaws?id=111233 Leave under section 446 of the Companies Act, 1956 may be granted even after institution of a suit, and the proceeding can be treated as instituted from the date leave is obtained. A prior refusal that left liberty to apply afresh did not bar the new application by res judicata. At the leave stage, the winding up court need not decide the merits of the rent-control dispute, the sub-tenant's status, or the trial court's jurisdiction. As no prejudice to the liquidation estate was shown and the claim was arguable, leave to proceed with the eviction suit was granted, subject to leave of the Court before execution against the company in liquidation. en-us Mon, 05 Mar 2007 00:00:00 +0530 Sat, 21 Apr 2012 11:38:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111233 Leave under section 446 of the Companies Act, 1956 may be granted even after institution of a suit, and the proceeding can be treated as instituted from the date leave is obtained. A prior refusal that left liberty to apply afresh did not bar the new application by res judicata. At the leave stage, the winding up court need not decide the merits of the rent-control dispute, the sub-tenant's status, or the trial court's jurisdiction. As no prejudice to the liquidation estate was shown and the claim was arguable, leave to proceed with the eviction suit was granted, subject to leave of the Court before execution against the company in liquidation. Case-Laws Companies Law Mon, 05 Mar 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111233