2001 (7) TMI 1236

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....of M/s. Trans Asia Tubes and Industries Ltd., has preferred this application in which a prayer has been made that the suit filed by the State Bank of India be dismissed as this has been filed in contravention of the provisions contained in section 446 of the Companies Act, 1956. Section 446 of the Companies Act, 1956, on which reliance is being placed, is reproduced below:- "446. Suits stayed o....

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....(d)any question of priorities or any other question whatsoever, whether of law or fact, which may relate to or arise in course of the winding up of the company; whether such suit or proceeding has been instituted or is instituted, or such claim or question has arisen or arises or such application has been made or is made before or after the order for the winding up of the company, or before or ....

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.... even after the proceedings have been instituted. This is the view expressed by the Supreme Court of India in Bansidhar Sankarlal v. Md. Ibrahim AIR 1971 SC 1292. In the above case, the decision given by Calcutta High Court in the case of Har Narain Misra v. Kanhaiya Lal Lohawalla AIR 1940 Cal. 166 and the High Court of Andhra Pradesh in the case of Godavari Sugar & Refineries Ltd. v. Kambhampati ....