Section 279 of Companies Act, 2013 – Stay of suits, etc., on winding up order

  • Updated Till : November 11, 2018

SECTION 279. STAY OF SUITS, ETC., ON WINDING UP ORDER

[Effective from 15th December, 2016]

(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 of 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.

 

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