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The Companies Act, 2013

Chapter XX - Winding Up (270 - 365)

Section 279- Stay of suits, etc., on winding up order.

Section 279 notified with effect from 15.12.2016 vide S.O. 3676 (E) dated 07.12.2016]

Section 279- Stay of suits, etc., on winding up order. [Corresponds to Section 446 of the Companies Act, 1956]

(1) When a winding up order has been passed or a provisional liquidator has been appointed, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, by or against the company, except with the leave of the Tribunal and subject to such terms as the Tribunal may impose:

Provided that any application to the Tribunal seeking leave under this section shall be disposed off by the Tribunal within sixty days.

(2) Nothing in sub-section (1) shall apply to any proceeding pending in appeal before the Supreme Court or a High Court.