B.V. John And Ors. vs Coir Yarn And Textiles Ltd. on 23 November, 1959
A proceeding for eviction not being a proceeding which can be
appropriately dealt with by the winding up Court, does not come
under the category of "other legal proceeding" in Section 446(1)
and, therefore, leave of the winding up Court is not necessary for
proceeding with a petition filed against a company in liquidation.
A similar reasoning was adopted in B.V. John Vs. Coir Yarn and
Textiles Ltd., [1960] 30 Comp Cas 162 (Ker), which related to
proceedings under the Industrial Disputes Act. Raman Nayar J.,
as he then was, held that a suit or proceeding for which leave is
necessary under Section 446 (1) must be a suit or proceeding