NEW GREENFIELD EDUCATION SOCIETY Vs. RAGENCY INDUST LIMITED

JUDGEMENT

(1.) SECTION 446 of the Companies Act completely bars the adjudication of "suits or other legal proceedings against a Company in respect of whom winding up orders have been made or the official or provisional liquidator has been appointed. "The information conveyed to the Court by the Learned Counsel for the Defendants is that Winding Up Orders have been passed in respect of Defendant No. 1. The correctness of this statement has not been challenged. I have specifically enquired from the Learned Counsel for the Plaintiff in what capacity Defendants 2 to 4 have been impleaded. His answer is that this was done because they were Directors of the Defendant No.1. As no independent claim appears to exist against the remaining Defendants, there is no warrant for the continuance of the proceedings, such as would occasion passing of any Order adverse to the Defendant No.1 Company, which is in the process of being wound up.

(2.) ISSUE notice to the Official Liquidator, without process fee, returnable for 12/10/2000.