https://www.taxtmi.com/caselaws?id=97872 For misfeasance proceedings under section 235(1) of the Indian Companies Act, 1913, limitation runs from the first appointment of the official liquidator after the winding-up order, not from the appointment of a provisional liquidator. The provision was construed as applying only to persons expressly named in it, such as directors, officers and managers, and not to heirs or legal representatives. Liability was treated as personal to the statutory categories, so no vicarious liability could be fastened on Smt. Subhadra Devi or her sons for acts attributed to her husband. The commentary therefore states that the misfeasance claim was timely against persons within the section, but not maintainable against those outside it. en-us Wed, 24 May 1961 00:00:00 +0530 Wed, 18 Jan 2012 14:23:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=97872 For misfeasance proceedings under section 235(1) of the Indian Companies Act, 1913, limitation runs from the first appointment of the official liquidator after the winding-up order, not from the appointment of a provisional liquidator. The provision was construed as applying only to persons expressly named in it, such as directors, officers and managers, and not to heirs or legal representatives. Liability was treated as personal to the statutory categories, so no vicarious liability could be fastened on Smt. Subhadra Devi or her sons for acts attributed to her husband. The commentary therefore states that the misfeasance claim was timely against persons within the section, but not maintainable against those outside it. Case-Laws Companies Law Wed, 24 May 1961 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=97872