Co. Appl. 40/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Company Application No.40/2009 in Company Petition No.36/2000 SK Kataria Versus M/s Rathi Alloys & Steel Co. Ltd (In liquidation) through Official Liquidator Date of Order ::: 11/03/10 Hon'ble Mr. Justice Ajay Rastogi Dr. Vikram S.Nain, for applicant Mr. BK Sharma for Official Liquidator. Instant application has been filed U/s 446 of Indian Companies Act, 1956 (“Co. Act”) seeking permission to continue with proceedings before High Court at Delhi in CWP-9466/2003. An objection was raised by Counsel appearing for Official Liquidator before the High Court at Delhi that in the absence of permission being sought from the Company Court U/s 446 of the Co. Act, proceedings in CWP- 9466/2003 cannot continue against the OL. Counsel for applicant submits that the applicant while serving in M/s Rathi Alloys & Steel Ltd. (in liquidation); his services were terminated and application was filed by the Company seeking approval U/s 33(2)(b) of Industrial Disputes Act, 1947 (“ID Act”), which was granted by Industrial Tribunal on 04/10/2003 – against which present applicant preferred CWP-9466/2003 impleading respondent- Company through Official liquidator; and since pendente adjudication of the dispute, it came Co. Appl. 40/09 //2// to the notice that respondent-Company went into liquidator and the Official Liquidator attached to the Court was appointed as its Liquidator on 24/08/2001. After respondent-Company was served through Official liquidator, Counsel submitted that permission U/s 446 of Co. Act has not been sought, hence proceedings cannot continue against the OL. Taking note of material on record, this Court hereby grants permission to the applicant as provided U/s 446 of the Co. Act for adjudication of dispute pending before High Court at Delhi in CWP-9466/2003; accordingly, the application U/s 446 of Co. Act stands disposed of. No costs. (Ajay Rastogi), J. K.Khatri/p2/ 40Co.Appl2009Mar11-446.doc