Chapter: 32  COMPANIES ORDINANCE

Section Num: 181  Version Date 01/07/1997

Power to stay or restrain proceedings against company

Remarks

Adaptation amendments retroactively made - see 25 of 1998 s. 2

At any time after the presentation of a winding-up petition and before a winding-up order has been made, the company or any creditor or contributory may-

(a) where any action or proceeding against the company is pending in the Court of First Instance or the Court of Appeal, apply to the court in which the action or proceeding is pending for a stay of proceedings therein;

(b) where any action or proceeding against the company is pending in any court or tribunal other than the Court of First Instance or the Court of Appeal, apply to the Court of First Instance to restrain further proceedings in the action or proceeding, and the court to which application is so made may, as the case may be, stay or restrain the proceedings accordingly on such terms as it thinks fit.

(Replaced 6 of 1984 s. 133. Amended 25 of 1998 s. 2)

[cf. 1948 c. 38 s. 226 U.K.]