https://www.taxtmi.com/caselaws?id=112407 Leave under the Companies Act, 1956 may be granted even after a suit has been instituted against a company in liquidation; once granted, the proceeding is treated as instituted from the date of leave. An earlier refusal based on a proposed amendment did not bar a fresh request because there had been no decision on the merits and liberty had been reserved. Leave to pursue the eviction suit was considered appropriate where the dispute involved issues better tried by the civil court, the claim was not shown to be frivolous, and any decree would remain subject to leave before execution against the company in liquidation. en-us Mon, 05 Mar 2007 00:00:00 +0530 Sat, 28 Apr 2012 12:12:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=112407 Leave under the Companies Act, 1956 may be granted even after a suit has been instituted against a company in liquidation; once granted, the proceeding is treated as instituted from the date of leave. An earlier refusal based on a proposed amendment did not bar a fresh request because there had been no decision on the merits and liberty had been reserved. Leave to pursue the eviction suit was considered appropriate where the dispute involved issues better tried by the civil court, the claim was not shown to be frivolous, and any decree would remain subject to leave 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=112407