1973 (1) TMI 50

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..... O.P. Hoshiarpuri and R. L. Aggarwal for the Respondent. JUDGMENT Bal Raj Tuli, J. The case was fixed for arguments on issue No. 1; instead thereof, the learned counsel for some of the defendants have raised a plea that the sanction of this court having not been obtained for filing or continuing the suit by the plaintiffs, the suit cannot be proceeded with. The facts are that th .....

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..... f the subordinate judge, 1st class, Jullundur, but it was directed: "..... the suit shall be proceeded with in this court. Since the records have been received, the suit may be registered in this court and proceeded with......". In my view this order of the learned judge amounts to sanction being given to the plaintiffs to continue with the suit in this court, if any such sanction was required .....

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..... the Act, that is, every suit pending in any court other than the company court is to be transferred to that court for disposal. That is what was done in the present case. The learned counsel for defendants Nos. 1, 7 and 11 has, however, emphasised that under section 441(2) of the Companies Act the winding-up order is to be deemed to have been made on the date of the winding-up petition and the .....

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..... the winding-up petition to avoid those actions becoming barred by time and if that petition is dismissed, the suits or other legal proceedings shall continue in those courts but if the order for the winding-up petition is passed or the provisional liquidator is appointed, the provisions of section 446, as explained above, shall come into play and action will be taken in accordance therewith. Thus, .....

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..... suit is transferred, the leave of the company court is to be obtained for continuing it. The suit is transferred to the company court for disposal which means that its trial is to be continued in that court from the stage it was at in the lower court before transfer. There is thus no merit in the submissions made by the learned counsel for the defendants which are repelled and the points raised a .....

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