BADAR DURREZ AHMED, J.

( 1 ) THIS is an application under Order VII Rule 11 of the Code of Civil procedure, 1908 (hereinafter referred to as 'the CPC') filed on behalf of the defendant No. 2 for rejection of the plaint. The ground taken in the application is that the suit is barred by law. According to the learned counsel for the defendant No. 2 (Mr. Arun Sahay), the suit has been filed, inter alia, against the defendant No. 1 (Perfect Drugs Limited) although the defendant no. 1 had been wound up on 22. 1. 2001 Section 446 of the Companies Act, 1956, according to him, bars a suit against a company after an order of winding up has been passed. According to the learned counsel for defendant no. 2, the plaintiffs knew about the winding up of the defendant No. 1, yet filed this present suit. He submitted that since the suit is barred by Section 446 of the Companies Act, 1956, the plaint has to be rejected. The learned counsel also referred to a Division Bench decision of the Bombay High Court in Eastern Steamship Private Ltd. v. Pucto Private Ltd. And another, 41 Company Cases 43. The said decision is points out that permission of the Company Court has to be taken prior to the filing

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