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TMI Blog2007 (2) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... e company by the Gujarat High Court. It may be made clear that this matter is on board since last two weeks but none appeared for the applicant whenever the matter was called out. None was present on February 8, 2007, February 9, 2007 as well as on February 12, 2007. Respondent No. 1 is a company which has been wound up as per the order of the Gujarat High Court and therefore, a liquidator was appointed. Record reveals that the notice was served on the official liquidator for respondent No. 1 but nobody has appeared on behalf of the official liquidator. None appeared for respondents Nos. 2 to 8, who are the original accused. Therefore, without any assistance, I am required to dispose off this matter after going through the record. 2. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, against the company, except by leave of the court and subject to such terms as the court may impose. (emphasis supplied) From the language of section 446(1), it is clear that when the winding up order has been made or the official liquidator has been appointed as the provisional liquidator, no suit or other legal proceeding shall be commenced or proceeded with, if already pending at the time of the winding up order against the company, except by leave of the Tribunal. The words other legal proceeding have wide connotation and include even the criminal proceeding, which has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be wound up and the liquidator was appointed. Therefore, in view of the provisions of section 446, no civil suit or other legal proceeding could be continued without leave of the court, which had passed the order of winding up and had appointed the liquidator. Record reveals that in spite of taking time, the complainant has not secured leave from the Gujarat High Court which had passed the winding up order, to continue with the proceedings under section 138 of the Negotiable Instruments Act. Therefore, it becomes clear that the matter could not be proceeded with any more after the winding up order. Taking into consideration the above circumstances, it is difficult to find fault with the impugned order passed by the Metropolitan Magistr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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