JUDGEMENT 1. The Official Liquidator has filed his report dated 20.4.2009. In the said report it is pointed out that an amount of Rs. 9,24,493/- has been demanded by the Employees State Insurance Corporation by its letter dated 27.3.2009 payable by the Company in liquidation in respect of its dues amounting to Rs. 1,91,784/- together with interest at the rate of 12% for the period from 25.1.1969 to 26,11,1983. It is pointed out that on the date of winding up the Employees State Insurance (E.S.I.) Case No. 19/1999 was pending in the Labour Court-cum-ESI Court for the realization of the said demand. The said case had been filed by the Company in liquidation. By order dated 26.2.2009 the matter was disposed of by the Labour Court. Patna on the submission made by learned consel for the ex-Management that the winding up order has been passed on 27.11.2008 with respect to the company and the Official Liquidator has been appointed and on the basis of the submissions and no objection being raised by counsel for the ESI, the Labour Court had disposed of the matter taking note of the fact that the dues are to be settled by the Liquidator. 2. Upon hearing the O.L. and learned counsel for the ex-Management, this Court is of the view that the submissions made before the Labour Court by the learned counsel for the ex-Management were uncalled for. He ought to have only informed the Labour Court that winding up order has been passed and therefore the company can be represented in the matter only by the Official Liquidator. Apart from that no prayer ought to have been made by learned counsel for the ex-Management. Under the provisions of Section 446 of the Companies Act, no suit or other legal proceedings can be proceeded with against the company except with the leave of the Company Court and further the Company Court has the jurisdiction to entertain and dispose of any such suit or proceedings made by or against the Company even by transferring such suit of proceeding for disposal by the Company Court itself. 3. Learned Official Liquidator as well as Mr. 3. Learned Official Liquidator as well as Mr. R.A. Singh, learned counsel appearing for the ex-Management both submit that no useful purpose would be served by proceeding with the matter since the company has no asset for the payment of any of the liabilities which are in existence even apart from the dues of the ESI Corporation. It is pointed out that the ESI authorities also have only made their claim before the Official Liquidator and have not expressed any intention that the matter should be proceeded with. 4. In any view of the matter, the case having been filed by the Company in liquidation, it is for the Official Liquidator/cousel for ex-Management to have expressed their view in this regard as to whether they intend to proceed in the matter. 5. On a consideration of the entire facts and circumstances, this Court is also of the view that since there are no assets of the company to be distributed, no useful purpose would be served in adjudicating the ESI Case No. 19/1999. 6. Learned counsel for the ex-Management also opposes the prayer for staying the winding up proceeding made by the Official Liquidator on the ground that no such stay can be granted in a case of the present nature since the purpose of staying the winding up only exists where the company can itself be revived within a reasonably short perild of time and is only in temporary difficulty; in support of which he relies upon a decision of the Allahabad High Court in the case of In the matter of Benares Bank Ltd., Benares: AIR 1939 Allahabad 726. From a perusal of the said decision and the several provisions of the Act, this Court considers that it is not a fit case for staying the winding up proceeding either altogether or for a limited time. 7. In the above circumstances, the prayer made in this ragard by the Official Liquidator is rejected. 8. Since there are no asset of the Company which can be used for meeting the expenses of the winding up nor there is any likelihood of any asset being realized in the course of winding up, learned counsel for the ex-Management has come forward with the proposal that the ex-Management shall bear the costs of winding up, for which purpose he has offered immediately to deposit an amount of Rs. 5,000/- by Bank draft with the Official Liquidator. Let the same be done within a period of two weeks from today. 9. Let further steps be taken by the Official Liquidator in the matter in accordance with law.