The main legal point established in the judgment is that the proceedings under Section 27 of the CP Act against the company were covered by Section 446 of the Companies Act, and therefore, such proceedings cannot continue except with leave of the court.

( 1 ) IN CP No. 323/99 filed by Dr. V. P. Mainra (petitioner) against M/s Dawson Leasing Limited, provisional Liquidator was appointed on 9th November, 2000 and the petition was admitted to hearing. The provisional Liquidator was also asked to take in his possession the assets, records and books of accounts of the respondent company (hereinafter referred to as `the company ) He has taken charge of the liquidation affairs of the company since then, although final winding up orders have not been passed in this case. It may be mentioned that statement of ex-Directors is recorded under Rule 130 of the Companies (Court) Rules, 1959. They have also filed the statement of affairs. Since there are certain deficiencies therein, ex- directors are called upon to remove those deficiencies.

( 2 ) WHILE that is the present status of the winding up proceedings, these CAs are filed which primarily relate to transfer of certain cases and execution proceedings pending before the Consumer Disputes redressal Forum, Ghaziabad and New Delhi under the consumer Protection Act, 1986 to this court. All these applications are filed by ex-Directors of the company (in provisional liquidation ). Details of these proceedings may be noted at this stage. CA Nos. 72 and 73/2003

( 3 ) TWO persons, namely, Smt. Saroj Jain and Mr. Raj kumar Jain had filed Case No. 3164/2000 titled Saroj Jain and Anr. Vs. M/s Dawsons Leasing and Finance Co. Ltd. before the District Consumer Disputes Redressal Forum-II, New delhi. Claim of these two persons was that they were poor investors who had invested in the fixed deposit scheme of the company and were not paid even a single penny on maturity of said deposits. The claim was, therefore, for refund of these deposits with interest. This claim was allowed by the District Consumer Disputes redressal Forum vide ex-parte order dated 10th July, 2001. Thereafter these complainants filed execution of the order dated 10th July, 2001 being Execution application No. 2737/2001 which is pending before the district Forum-II. As the amount is not paid, the district Consumer Disputes Forum has issued non-bailable warrants for the arrest of Managing Director Mr. Mukesh hans.

( 4 ) IN CA No. 72/2003 it is stated that in view of the provisions of Section 446 of the Companies Act, 1956 (for short `the Act ) these proceedings are now to be transferred to this court. It is also pointed out that in another suit being Suit No. 840/99 filed on the original Side of this court, this court had passed restraint order dated 20th April, 1999 against the company and its servants, employees, agents etc. from operating the Bank Accounts of the company. In another suit No. 843/99 titled Uma Bhasin and others Vs. M/s Dawsons leasing Ltd. and Ors. this court vide order dated 6th May, 1999 attached the movable and immovable properties of the applicants and because of these reasons it became impossible for the applicants to service their clients and pay the complainants as all the accounts of the company were frozen. Further with the appointment of the provisional Liquidator vide order dated 9th November, 2000 and assets, records and books of accounts of the company have been taken over by the Official Liquidator. In CA No. 73/2003 stay of execution proceedings before District Consumer Disputes Redressal Forum-II, delhi is prayed for. CA Nos. 75 and 76/2003

( 5 ) IN CA No. 75/2003 similar prayer is made. It relates to complaint No. 472/1999 titled as B. K. Mandal and ors. Vs. M/s Dawsons Leasing Ltd. This complaint was of identical nature as in CA No. 72/2003. Here the District consumer Forum, Ghaziabad passed ex-parte order dated 4th July, 2000. The company had filed application for setting aside the said order which was dismissed. Thereafter, execution proceedings are filed and in these execution proceedings, warrants of arrest have been issued against ex-Directors vide order dated 20th december, 2002. On identical submissions, prayer is made in this