https://www.taxtmi.com/caselaws?id=197830 Section 446(2) of the Companies Act, 1956 permits the company court to summarily determine claims, defences, and questions of law or fact concerning company assets in winding-up proceedings, without a separate suit, where the affected party has been heard and participated. This procedure supports eviction proceedings by the official liquidator without violating due process. Leases or other dispositions of company property made after commencement of winding up are void under section 536(2), unless the court orders otherwise. A lease may also be invalid where it breaches an undertaking not to alienate assets without prior approval. Rent-control protection does not apply where the relevant factual requirements are absent. en-us Fri, 23 Sep 2011 00:00:00 +0530 Tue, 16 Jan 2018 18:15:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197830 Section 446(2) of the Companies Act, 1956 permits the company court to summarily determine claims, defences, and questions of law or fact concerning company assets in winding-up proceedings, without a separate suit, where the affected party has been heard and participated. This procedure supports eviction proceedings by the official liquidator without violating due process. Leases or other dispositions of company property made after commencement of winding up are void under section 536(2), unless the court orders otherwise. A lease may also be invalid where it breaches an undertaking not to alienate assets without prior approval. Rent-control protection does not apply where the relevant factual requirements are absent. Case-Laws Companies Law Fri, 23 Sep 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197830