H56

SECRETARIAL PRACTICE
(2) Where the petition is presented on the ground of default
in delivering the statutory report to the registrar or in holding the
statutory meeting, the court may—

(a) instead of making a winding-up order, direct that the
statutory report shall be delivered or that a meeting shall
be held; and

(b) order the costs to be paid by any persons who, in the
opinion of the court, are responsible for the default.
Pores Su say or 172. At any time after the presentation of a winding-up petition,
IE il and before a winding-up order has been made, the company, or
company. any creditor or contributory, may—

(a) where any action or proceeding against the company is
pending in the High Court or Court of Appeal in England
or Northern Ireland, apply to the court in which the action
or proceeding is pending for a stay of proceedings therein;
and
where any other action or proceeding is pending against
the company, apply to the court having jurisdiction to
wind up the company 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.

Avoids of 173. In a winding up by the court, any disposition of the property

ro hy of the company, including things in action, and any transfer of

after commence- shares, or alteration in the status of the members of the company,

ot of winding ade after the commencement of the winding up, shall, unless the
court otherwise orders, be void.

Avoidance ot 174.—(1) Where any company registered in England is being
in case of Eng. wound up by the court, any attachment, sequestration, distress, or
he company execution put in force against the estate or effects of the company
wud og after the commencement of the winding up shall be void to all
land of Scottish intents.

company.
(2) The provisions of this section shall, so far as relates to any
estate or effects of the company situate in England, apply in the
case of a company registered in Scotland as it applies in the case of
a company registered in England.

Commencement of Winding Ub.
Commencement ~~ 175.—(1) Where before the presentation of a petition for the

of winding uP bY winding up of a company by the court a resolution has been passed
by the company for voluntary winding up, the winding up of the
company shall be deemed to have commenced at the time of the
passing of the resolution, and unless the court, on proof of fraud or
mistake, thinks fit otherwise to direct, all proceedings taken in the
voluntary winding up shall be deemed to have been validly taken.