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.