Mac Laboratories Ltd. and Anr. v. Rubicon Formulation Pvt. Ltd.
Companies Act, 1956 – Section 446 – Leave to proceed against company in liquidation
Case brief
What is this about?
Section 446 leave; suit against company in winding-up; company in liquidation as formal party; Recovery Officer, General Co-operative Bank Ltd.; recovery notices quashed; Special Civil Application No. 8630 of 2009, High Court of Gujarat; Official Liquidator Bombay High Court; litigation cost deposit Rs. 2.5 lakh within two weeks; IA(L) No. 26018 of 2023 in Company Petition No. 447 of 2004; Sharmila U. Deshmukh, J.; Bombay HC Commercial Division; order corrected per speaking-to-minutes dated 6 August 2025.
What did the court decide?
Leave under Section 446 of the Companies Act, 1956 to proceed with Special Civil Application No. 8630 of 2009 pending before the High Court of Gujarat, subject to deposit of litigation cost of Rs. 2,50,000/- with the Official Liquidator within two weeks. ¶6