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TMI Blog2013 (12) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... ee why such a suit where there are defendant other than the company under liquidation is not contemplated under sub-sections (2) and (3) of Section 446 of the Companies Act, particular when the company under liquidation is a principal defendant in such a suit and the plaintiff insist upon execution of its decree against the company under liquidation also - in appropriate cases, the company court can itself entertain and dispose of a suit in which there are defendants other than the company under liquidation. - Excise Reference No. 9 of 2001 - - - Dated:- 6-11-2013 - Sanjay Karol And Dharam Chand Chaudhary,JJ. For the Petitioner : Mr. Sandeep Sharma, Assistant Solicitor General of India. For the Respondents : Mr. Praveen Aggarw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l so as to fall within the exception contained in sub-section (4) of Section 446 of the Companies Act, as such, in our considered view, without obtaining leave of the Company Court, present proceedings are not maintainable. 5. It is contended that in any event, Reference is maintainable against Sh. Satinder Kapoor. In support of such contention, Mr. Sandeep Sharma, learned Assistant Solicitor General of India, has invited our intention to the decision in case titled as L.D Khanna Vs. Sidhsons and others (1987 Company Cases Vol. 62 Page-103), rendered by a Single Judge of the Punjab Haryana High Court. In rebuttal, Mr. Praveen Aggarwal, Advocate, has invited our attention to the decision in case titled as Deutsche Bank Vs. S.P. Kala and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... G.S. Setty and Sons v. Yellamma Cotton, Woollen and Silk Mills Co. (1970) 40 Comp Cas 10 shows that, relying upon the observations in the judgment of the Madras High Court in the case of Purushottam and Co. v. Subhodhaya Publications Ltd. (1955) 25 Comp Cas 49, it has held that when there are defendants in a suit other than the company in liquidation whose rights are affected, leave should be normally granted to proceed with the suit subject to the condition that the decree, if any, obtained should not be enforced against the company under liquidation without leave of the company court. It is clear from the above judgments that the suits where there are defendants other than the company under liquidation are contemplated under section 446(1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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