9911796707
TMI Blog1998 (2) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... (P.) Ltd. (in liquidation). The official liquidator filed M.C.A. 53 of 1996 to vacate the above order. Annexure-E was produced before the learned Judge. In Annexure-E the appellant has been described as Prof. P. Narayanankutty, Sai Chakra, Aradhana, Kallai Road, Calicut-2. The learned Judge was of the view that the proceedings can be stayed only if the legal proceedings wherein assets of the company are involved under section 446 of the Companies Act 1956 and action against the directors and others in their personal capacity do not come within the purview of the above section. Under the circumstanc- es the learned Judge has vacated the order. Aggrieved by the said order the above appeal has been preferred. In the petition the official liqu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er has been made or an official liquidator is appointed as provisional official liquidator, no suit or other legal proceed-ings shall be commenced or if pending on the date of the winding up order, shall be proceeded with against the above, except by a leave of the court and subject to such terms as the court impose. The court which is winding up the company, shall have the jurisdiction to entertain or dispose of any suit or proceeding by or against the company, or any claim made by or against the company, or any application made under section 391 by or in respect of the company and also decide any question of priorities or any other question whatsoever, which any relate to or arise in the course of winding up of the company whether such a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company and its managing director after it was incorporated. 2. We see substance and merit in the contention of the appellant. It is his specific case that the firm Sai Chakra Studies (P.) Ltd. which existed prior to the registration of the company, never conducted any course or any such matter before the formation of any forum including Consumer Disputes Redressal Forum, Calicut. It is also stated that he has acted only as the promoter of the company and its managing director after it was incorporated and therefore the cases which are filed before and after the winding up order relate only to the company namely, Sai Chakra Studies (P.) Ltd. We therefore permit the appellant herein to make out an application under section 446 and prosec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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