Official Liquidator claims arising on a winding-up order remain maintainable if the underlying claim was legally enforceable when winding-up commenced. Limitation runs for three years from the winding-up order under Article 137, while the applicable exclusion for winding-up proceedings and the additional year allowed under the Companies Act produce an aggregate four-year period. A Company Claim instituted within that period is not time-barred, and the preliminary limitation objection fails.
Official Liquidator claims arising on a winding-up order remain maintainable if the underlying claim was legally enforceable when winding-up commenced. Limitation runs for three years from the winding-up order under Article 137, while the applicable exclusion for winding-up proceedings and the additional year allowed under the Companies Act produce an aggregate four-year period. A Company Claim instituted within that period is not time-barred, and the preliminary limitation objection fails.
Note: It is a system-generated summary and is for quick reference only.
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