( 1 ) I. A. No. 4708 of 1994. The plaintiff has filed a petition under Section 20 of the Arbitration Act praying that the agreement between the parties which contains an arbitration clause be filed in court and for appointment of an arbitrator in accordance with the arbitration clause contained in the agreement. Along with the main petition under Section 20 of the Arbitration Act, the plaintiff filed an application under Order 40, Rule 1 of the same Act for appointment of a Receiver with respect to the leased equipment. On the said application, this court had appointed a Receiver to take possession of the leased equipment. In the meantime the present application has been filed under Sections 442 and 446 of the Companies Act, 1956 praying that proceedings pending in this court are liable to be stayed until the plaintiff seeks permission or leave of the Company Court which has allegedly passed the winding up order with respect to the defendant Company. The learned counsel for the plaintiff has chosen not to file a reply to the application and has argued for dismissal of the application orally.

( 2 ) NO doubt provisions of Section 446 of the Companies Act envisages that