https://www.taxtmi.com/caselaws?id=376333 A pending winding-up petition and a later winding-up order did not automatically invalidate an arbitral award or a section 34 challenge. Section 441(2) only creates a deeming fiction for the commencement of winding up and does not by itself render prior proceedings void. Section 446(1) becomes relevant only after a winding-up order and restrains continuation of pending proceedings except with leave. Here, the award was made before the winding-up order, the section 34 petition was also filed before that order, and the winding-up point had not been raised earlier. The challenge under sections 441(2) and 446(1) therefore failed. en-us Mon, 14 Jan 2019 00:00:00 +0530 Thu, 07 Mar 2019 07:47:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=376333 A pending winding-up petition and a later winding-up order did not automatically invalidate an arbitral award or a section 34 challenge. Section 441(2) only creates a deeming fiction for the commencement of winding up and does not by itself render prior proceedings void. Section 446(1) becomes relevant only after a winding-up order and restrains continuation of pending proceedings except with leave. Here, the award was made before the winding-up order, the section 34 petition was also filed before that order, and the winding-up point had not been raised earlier. The challenge under sections 441(2) and 446(1) therefore failed. Case-Laws Companies Law Mon, 14 Jan 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=376333