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1973 Supreme(P&H) 9

BAL RAJ TULI
Punjab National Bank – Appellant
Versus
Punjab Finance Pvt. Ltd. – Respondent


Judgment

Bal Raj Tuli, J.

1. The case was faxed for arguments on issue No. 1 ; instead thereof, the learned counsel for some of the defendants have raised a plea that the sanction of this court having not been obtained for filing or continuing the suit by the plaintiffs, the suit cannot be proceeded with. The facts are that the winding-up petition was filed in this court on September 5, 1968. A provisional liquidator was appointed on March 3, 1969. That order was vacated on September 18, 1969, when a committee of two persons was appointed to collect the amounts due to the company. The plaintiffs filed the present suit in the civil court on October 5, 1970, and thereafter winding-up order was passed by this court on January 7, 1971. On March 10, 1971, an application was filed by the plaintiff in this court under Section 446(1) of the Companies Act, 1956 , for leave to continue the suit in the court of Shri A. C. Aggarwal, subordinate judge, 1st class, Jullundur City. That application was dismissed by Narula J. on December 3, 1971, so far as it related to the grant of permission to continue the suit in the court of the subordinate judge, 1st class, Jullundur, but it was directed :

" .


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