https://www.taxtmi.com/caselaws?id=96616 Section 235 of the Indian Companies Act, 1913 is treated as a special procedural provision and does not create a fresh substantive right or a new starting point of limitation for misfeasance applications. Limitation continues to be governed as if the claim were brought as a regular suit, so the applicable article depends on the nature of the underlying relief and liability; where no specific article fits, Article 120 applies. The winding-up order does not automatically postpone limitation or confer a universal fresh start. A dissenting view accepted that limitation could be pleaded, but considered Article 120 applicable with time running from the winding-up order. en-us Wed, 19 Jul 1933 00:00:00 +0530 Mon, 09 Jan 2012 17:40:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96616 Section 235 of the Indian Companies Act, 1913 is treated as a special procedural provision and does not create a fresh substantive right or a new starting point of limitation for misfeasance applications. Limitation continues to be governed as if the claim were brought as a regular suit, so the applicable article depends on the nature of the underlying relief and liability; where no specific article fits, Article 120 applies. The winding-up order does not automatically postpone limitation or confer a universal fresh start. A dissenting view accepted that limitation could be pleaded, but considered Article 120 applicable with time running from the winding-up order. Case-Laws Companies Law Wed, 19 Jul 1933 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96616