https://www.taxtmi.com/caselaws?id=101619 An application under section 446(2) of the Companies Act, 1956 is governed by article 137 of the Limitation Act, and limitation begins when the right to apply accrues, namely on the winding up order, because the company court's special jurisdiction arises only then. The underlying cause of action does not control the limitation period for this remedy. Section 458A must also be applied in computing limitation, requiring exclusion of the period from commencement of winding up to the winding up order, both inclusive, and one year immediately thereafter. On that basis, the limitation question was answered in favour of the claimant. en-us Thu, 04 Feb 1988 00:00:00 +0530 Fri, 10 Feb 2012 13:46:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101619 An application under section 446(2) of the Companies Act, 1956 is governed by article 137 of the Limitation Act, and limitation begins when the right to apply accrues, namely on the winding up order, because the company court's special jurisdiction arises only then. The underlying cause of action does not control the limitation period for this remedy. Section 458A must also be applied in computing limitation, requiring exclusion of the period from commencement of winding up to the winding up order, both inclusive, and one year immediately thereafter. On that basis, the limitation question was answered in favour of the claimant. Case-Laws Companies Law Thu, 04 Feb 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101619