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2010 (4) TMI 604 - HC - Companies LawWhether any proceedings initiated by respondents Nos. 1 to 4 against the company (in liquidation) without obtaining leave of this court under section 446 of the Companies Act, 1956, do not bind the official liquidator? Held that:- The object of section 446 of the Companies Act is to save the company which is being wound up from unnecessary litigation and to protect its assets for equitable distribution among its creditors and its shareholders. This being the object of section 446 of the Companies Act, it is apparent that all those matters where the claim of such a nature can be investigated by the winding up court, would be within the purview of section 446. In case any creditor of the company files a claim before the authority under the Consumer Protection Act and secures an order in his favour and the company is forced to pay that amount, that will really amount to preferring that creditor to other similarly placed creditors. It is in order to avoid such a situation that the Companies Act provides for settlement of list of creditors after due notice to all the creditors. Keeping in view the object of section 446 of the Companies Act, 1956, it is to be held that the order obtained by respondents Nos. 1 to 4 by filing E. A. No. 106 of 2007 from the District Consumer Disputes Redressal Forum-II, Hyderabad, cannot be sustained. Thus both these company applications are allowed quashing the proceedings in E. A. No. 106 of 2007 and consequently, ■ attachment order passed by the District Consumer Disputes Redressal Forum-II, Hyderabad, in E. A. No. 106 of 2007 is hereby raised
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