Limitation under section 559 bars jurisdiction to void company dissolution after two years from dissolution.

Section 559 of the Companies Act, 1956 was construed as limiting the court's power to declare a company's dissolution void to a two-year period from the date of dissolution, unlike section 560(6), which limits only the filing of the application. The differing wording was treated as deliberate, so the statutory time limit went to the court's jurisdiction itself, not merely procedure. Because the application was filed after two years from the dissolution order, the jurisdictional precondition was not met and the application was barred by limitation.

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Issues: Whether an application under section 559 of the Companies Act, 1956, to declare a company's dissolution void could be entertained after the expiry of two years from the date of dissolution.

Analysis: Section 559(1) uses language limiting the court's power to make the order within two years of dissolution, unlike section 560(6), where the limitation is for making the application. The different wording was treated as deliberate, and the court held that the limitation under section 559 is directed to the exercise of judicial power itself, not merely to the filing of the application. On the facts, the application was in any event made beyond two years from the dissolution order, and the statutory precondition for jurisdiction was not satisfied.

Conclusion: The application was barred by limitation and the court had no jurisdiction to declare the dissolution void; the decision was against the assessee-revenue applicant.

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