Interactive flat panels meeting automatic data processing conditions are distinguished from monitors, while later classification clarifications apply ...
Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
The HC held that section 458A prescribes a clear, unambiguous four-year limitation (three years plus one) for recovery actions following a winding-up order, commencing from the date of the winding-up order and excluding the period between commencement of winding-up proceedings and the winding-up order. Consequently, the Single Judge's conclusion that limitation commences from filing of the statement of affairs was set aside. Because the winding-up order merged with the appellate order dated 06.03.2020, limitation for continuation of proceedings began from that date. The application filed by the Official Liquidator on 13.09.2020 fell within the statutory period under section 458A. Appeal dismissed.
The HC held that section 458A prescribes a clear, unambiguous four-year limitation (three years plus one) for recovery actions following a winding-up order, commencing from the date of the winding-up order and excluding the period between commencement of winding-up proceedings and the winding-up order. Consequently, the Single Judge's conclusion that limitation commences from filing of the statement of affairs was set aside. Because the winding-up order merged with the appellate order dated 06.03.2020, limitation for continuation of proceedings began from that date. The application filed by the Official Liquidator on 13.09.2020 fell within the statutory period under section 458A. Appeal dismissed.
Note: It is a system-generated summary and is for quick reference only.