https://www.taxtmi.com/caselaws?id=28415 Proceedings for eviction and recovery of damages under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 were treated as matters that, in substance, fall within ordinary civil court jurisdiction and remain subject to the winding up court's control when brought against a company in liquidation. Section 446(1) of the Companies Act, 1956 was construed broadly to protect the company's assets and prevent unsecured creditors from proceeding outside the liquidation process. Accordingly, leave of the winding up court is required before initiating or continuing Estate Officer proceedings against the company, while the question of whether leave should be granted and on what terms was left to the company judge. en-us Thu, 16 Apr 1981 00:00:00 +0530 Mon, 22 Feb 2010 13:04:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=28415 Proceedings for eviction and recovery of damages under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 were treated as matters that, in substance, fall within ordinary civil court jurisdiction and remain subject to the winding up court's control when brought against a company in liquidation. Section 446(1) of the Companies Act, 1956 was construed broadly to protect the company's assets and prevent unsecured creditors from proceeding outside the liquidation process. Accordingly, leave of the winding up court is required before initiating or continuing Estate Officer proceedings against the company, while the question of whether leave should be granted and on what terms was left to the company judge. Case-Laws Income Tax Thu, 16 Apr 1981 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=28415