C.R. No.1301 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.1301 of 2007 Date of Decision: 5.2.2008 Balwinder Singh .....Petitioner Vs. Gurdev Kaur and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Puneet Jindia, Advocate for the petitioner. Mr. Sandeep Bansal, Advocate for respondent no.1. ... RAJIVE BHALLA, J (Oral) Challenge in the present revision petition is, to an order dated 3.1.2007 passed by the Civil Judge (Junior Division), Hoshiarpur, dismissing an application filed by the petitioner under Sections 446 and 447 of the Companies Act, 1956, (hereinafter referred to as `the Act') praying that proceedings in the suit be stayed as the company M/s Pioneer Forest India Ltd., has been ordered to be wound up by the Hon'ble High Court. I have heard learned counsel for the parties and perused the impugned order. The petitioner, filed an application under Sections 446 and 447 of the Act, praying that proceedings in the civil Court be stayed, as the Hon'ble High Court had directed winding up of the company, vide order dated 10.9.2004, passed in C.P. No.214 of 2003. The learned trial Court dismissed the application by holding that the dispute in the suit, did not relate to the affairs of the Company but as to the status of the plaintiff, C.R. No.1301 of 2007 2 namely, whether he was the Managing Director of the Company after 7.5.1998. A careful perusal of the contents of the plaint, more particularly the relief clause, clearly discloses that the petitioner, though Managing Director of the Company at one stage, seeks to avoid financial liability, if any, regarding the company in liquidation, by pleading that she resigned as the Managing Director on 7.5.1998. Consequently, as the aforementioned prayer would, in essence, affect the financial status of the company and would fall within the domain of a Company Court, the suit can only proceed after the plaintiff obtains permission from the Company Court in terms of Section 446 of the Act. In this view of the matter, the order dated 3.1.2007 is set aside and till such time, as the petitioner obtains requisite permission from the Hon'ble High Court, in terms of Section 446 of the Act, proceedings before the trial Court shall remain stayed. The revision petition is disposed of in the aforementioned terms. 5.2.2008 ( RAJIVE BHALLA ) GS JUDGE