Section 97Part 5 — Company Restructuring and Winding UpAmended
Avoidance of attachments and stay of proceedings
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Amended by LG72/S3
When a winding up order is made or a provisional liquidator is appointed, no suit, action or other proceedings, other than criminal proceedings, shall be proceeded with or commenced against the co mpany except with the leave of the Court and subject to such terms as the Court may impose. (1A) Where a winding up order is made or a provisional liquidator is appointed in respect of a company, and there are criminal proceedings pending against the compa ny in a summary court, the Court, the Court of Appeal or the Privy Council —
the company;
a creditor of the company;
a contributory of the company; or
subject to section 94(4), the Authority, in respect of any company which is carrying on regulated business, may apply to the court in which the proceedings are pending for a stay of the proceedings and the court to which the application is made, may stay the proceedings on such terms as it thinks fit.
When a winding up order has been m ade, any attachment, distress or execution put in force against the estate or effects of the company after the commencement of the winding up is void.