2013 (12) TMI 173

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....se Act, 1944. Reference is dated 06.8.2012. Parties arrayed as respondents are M/s Indian Magnetics Ltd., a company constituted and registered under the Indian Companies Act, 1956 and its Managing Director Satinder Kapoor. 2. We need not go into the details leading to the present Reference, as we are of the considered view that Reference ought to have been made only after obtaining leave of the Court, dealing with the matter pertaining to winding up proceedings of the company in question. 3. Our specific attention is invited to the fact that the High Court of Delhi, in Company Petition No. 433/98, vide order dated 01.12.2000 has already ordered the respondent-company to be wound up. Also proceedings for liquidation are in progress. Of....

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....relevant paragraphs of which are reproduced as under:- "9. Laying emphasis upon the expression by or against the company occurring in clauses (a) and (b) of sub-section (2) and also in sub-section (3) of section 446 of the Companies Act, the submission on behalf of the appellant is that the provisions of sub-sections (2) and (3) of section 446 are applicable to a suit where either the company is the plaintiff or where the company alone is the defendant since, according to learned counsel appearing for the appellant, there are no words to the effect showing that the suit against the company and other defendants can also be entertained and disposed of by the learned company judge. To test his submission, we invited his attention to the sch....