TMI Blog1992 (2) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... Ranvijai, S.S. Bhatnagar, N. Sinha and B.K. Saxena for the Respondent. JUDGMENT R.S. Dhavan, J . Pradeshiya Industries and Investment Corporation (hereinafter referred to as "the PICUP") by its application, A-7, seeks leave of this court to proceed with Special Leave Petition No. 3580 of 1987: Pradeshiya Industrial and Investment Corporation v. Abhyudaya Paper Mills Ltd. a ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the submissions, the Hon'ble court has directed that as the winding up proceedings are pending in the Allahabad High Court, proceedings in the Supreme Court could not be heard further. Accordingly, the Hon'ble court was pleased to adjourn the matter to August 21, 1990, and also directed the petitioners to seek leave of the company court in Allahabad if they wanted to proceed with the Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... context, the company judge may make an order granting leave to a party for approaching the Supreme Court. The Supreme Court made no order in the present case nor has any order been shown to the court that the Supreme Court desires that leave of the company judge be sought before proceeding with the special leave petition filed by the PICUP. The only aspect on record is the communication of the sol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt or a High Court." There must have been a purpose why Parliament inserted sub-section (4) in section 446. The exception starts operating after an appeal is pending whether before the Supreme Court or the High Court. If any proceeding was pending before the High Court relating to a company against which a winding up order has been passed and, if an appeal has been filed, the context changes. L ..... X X X X Extracts X X X X X X X X Extracts X X X X
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