2009 (10) TMI 21

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..... Advocates, for the respondent. JUDGMENT The judgment of the court was delivered by RAJIV SHAKDHER, J. - The upshot of the present application is to seek a review of our order dated 14.07.2008, on the sole ground that the applicant/ assessee is a public sector undertaking and hence, no order could have been passed in the reference, preferred by the department, as the prior approval of the "Commi .....

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..... Indian Companies Act, 1913 as regards as to what would be the position in respect of a suit or proceeding which is instituted by an official liquidator without the leave of the court, as mandated by the said provision. The Supreme Court held that a suit or a proceeding instituted without the leave of the court may be ineffective until leave is obtained, but once leave is obtained the proceedings " .....

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..... ommittee on Disputes for approval; as the issue raised was not res integra. Lastly, the entire purpose of routing matters through the Committee on Disputes is that, the State and/or its instrumentalities do not fritter away valuable funds, and clog the courts with disputes which perhaps can be resolved inter-departmentally. In the instant situation, where the court has already provided the answer, .....

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