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    <title>2019 (8) TMI 371 - DELHI HIGH COURT</title>
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    <description>After a winding up order and appointment of the official liquidator, no proceeding against the company can be continued or enforced without leave of the company court under section 446(1). Because the arbitration and ex parte award proceeded without obtaining prior leave, the award was unenforceable against the company and treated as a nullity. The later sanction of a scheme of arrangement did not cure the earlier absence of permission, so execution was held not maintainable and the decree holder was left to pursue remedies according to law.</description>
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      <link>https://www.taxtmi.com/caselaws?id=384182</link>
      <description>After a winding up order and appointment of the official liquidator, no proceeding against the company can be continued or enforced without leave of the company court under section 446(1). Because the arbitration and ex parte award proceeded without obtaining prior leave, the award was unenforceable against the company and treated as a nullity. The later sanction of a scheme of arrangement did not cure the earlier absence of permission, so execution was held not maintainable and the decree holder was left to pursue remedies according to law.</description>
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      <pubDate>Mon, 22 Jul 2019 00:00:00 +0530</pubDate>
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