1. The present Applications have been filed under Section 446 and 447 of the Companies Act, 1956 [hereinafter referred to as " Companies Act "] seeking directions to stay the proceedings.

2. This Court by its order dated 04.08.2025 passed the following directions:

3. Learned Senior Counsel for the Applicants seeks to rely upon the judgment passed by this Court in this Petition in CO. Appl. 58/2024.

4. Admittedly, by an order dated 28.02.2013, this Court had passed a direction for winding up of the company and appointed the Official Liquidator as Provisional Liquidator for the company in liquidation. 4.1 It is not disputed by the parties that various complaints have been filed against the company in liquidation and its directors which include the Applicants in various jurisdictions including Delhi, Punjab and Mumbai. The details of these complaints have been reproduced in paragraph 6 of the Application.

5. Learned Senior Counsel for the Applicants submits that from a perusal of the tabulation set out in the Applications, it can be seen that each This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2025 at 22:43:10 complaint has been filed after the date of passing of the winding up order. 5.1 Learned Senior Counsel for the Applicants also draws attention of the Court to order dated 23.08.2017 passed by this Court in CO. Appl.1391/2017 filed by the Official Liquidator seeking stay of the proceedings under Section 138 and 141 of the Negotiable Instruments Act, 1881 [hereinafter referred to as NI Act ], wherein the directions were passed by the Court for the proceedings to remain in abeyance.

6. Section 446 of the Companies Act provides that once an order for winding up has been passed and the Official Liquidator has been appointed, no stay or legal proceedings shall be commenced or if pending at the date of the winding up order, the same shall be proceeded with except with the leave of the Court/NCLT. It is apposite to extract the provision below:

whether such suit or proceeding has been instituted, or is instituted, or such claim or question has arisen or arises or such application has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the Companies (Amendment) Act, 1960."

[Emphasis Supplied] This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2025 at 22:43:10

7. Learned Senior Counsel for the Applicants submits that no Application as envisaged under Section 446 of the Companies Act has been filed by the complainants/non-applicants prior to instituting proceedings against the Applicants. This position is not disputed by the learned Counsel for the Official Liquidator.

8. Issue Notice. Learned Counsel for the Official Liquidator accepts Notice and seeks time to file a Reply.

9. Concededly, the order directing winding up has been passed by the Court on 28.02.2013 prior to the proceedings initiated against the company and its directors including the Applicants herein.

10. Accordingly, and until the next date of hearing, the complaint proceedings, which are pending before the Judicial Magistrate First Class, Bhatinda, Punjab; Judicial Magistrate First Class, Jalandhar, Punjab; and Judicial Magistrate First Class, Amritsar, Punjab, under Section 138 and 141 of the NI Act, details which are set out in paragraph 6 of these Applications, shall be kept in abeyance.

11. The office of the Official Liquidator shall depute the responsible officer to take the record of the Company in liquidation before the Court[s] examining the matters when required by the said Court[s].

12. The Applications are disposed of in the aforegoing terms.

13. The parties will act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J AUGUST 25, 2025/r/ha This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2025 at 22:43:10