https://www.taxtmi.com/caselaws?id=106532 Section 458A of the Companies Act excludes, for limitation purposes, the period from the commencement of winding up until the winding-up order and one further year thereafter, but it does not create a fresh cause of action. Read with section 446(2) and Article 137 of the Limitation Act, the provision benefits only claims that were still legally enforceable when winding up commenced. A claim already time-barred on the date the winding-up petition was presented cannot be revived merely because a winding-up order is later made. The settled position is that section 458A suspends limitation for enforceable claims in winding-up proceedings, but does not resurrect extinguished claims. en-us Tue, 12 Nov 2002 00:00:00 +0530 Tue, 06 May 2014 12:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=106532 Section 458A of the Companies Act excludes, for limitation purposes, the period from the commencement of winding up until the winding-up order and one further year thereafter, but it does not create a fresh cause of action. Read with section 446(2) and Article 137 of the Limitation Act, the provision benefits only claims that were still legally enforceable when winding up commenced. A claim already time-barred on the date the winding-up petition was presented cannot be revived merely because a winding-up order is later made. The settled position is that section 458A suspends limitation for enforceable claims in winding-up proceedings, but does not resurrect extinguished claims. Case-Laws Companies Law Tue, 12 Nov 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=106532