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2013 (12) TMI 173 - HIMACHAL PRADESH HIGH COURTMaintainability of Reference made by CESTAT – Winding up proceedings - Held that:- The Reference, is not an appeal so as to fall within the exception contained u/s 446 (4) of the Companies Act - without obtaining leave of the Company Court, proceedings are not maintainable – Following Deutsche Bank Vs. S.P. Kala and another [1991 (1) TMI 364 - HIGH COURT OF BOMBAY] - If the suit that is already filed against the company along with other defendants, where particularly the company under liquidation is the principal defendant is under the control of the company court - 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 appropriate cases, the company court can itself entertain and dispose of a suit in which there are defendants other than the company under liquidation.
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