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Companies Act, 1973 (Act No. 61 of 1973)

Chapter XIV: Winding-up of Companies

General Provisions Affecting all Windings-up

358. Stay of legal proceedings before winding-up order granted

 

 

At any time after the presentation of an application for winding-up and before a winding-up order has been made, the company concerned or any creditor or member thereof may-

a) where any action or proceeding by or against the company is pending in any court in the Republic, apply to such court for a stay of the proceedings; and
b) where any other action or proceeding is being or about to be instituted against the company, apply to the Court to which the application for winding up has been presented, for an order restraining further proceedings in the action or proceeding,

and the Court may stay or restrain the proceedings accordingly on such terms as it thinks fit.