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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 ..... 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. Official Liquidator stands appointed. 4. Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder:- "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 scheme of section 446(1) of the Companies Act and ask ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , for proceeding with it leave of the company court is necessary which can be granted subject to the terms or conditions which it may impose, it is difficult to see 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 our view, therefore, in appropriate cases, in its discretion, the company court can itself entertain and dispose of a suit in which there are defendants other than the company under liquidation." 7. Sh. Satinder Kapoor has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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