https://www.taxtmi.com/caselaws?id=196631 A winding up petition based on inability to pay debts must rest on a debt that is due and legally recoverable when the court considers the matter. A claim that becomes time-barred during the pendency of the petition cannot sustain winding up, because the jurisdiction is not a substitute for ordinary debt recovery. The doctrines of relation back and exclusion of time do not revive a barred claim for this purpose, and section 14 of the Limitation Act does not apply where the winding up petition and a later suit are not proceedings in the same matter in issue. A petition founded on a time-barred debt is therefore liable to fail. en-us Thu, 16 May 1985 00:00:00 +0530 Sat, 09 Dec 2017 12:59:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196631 A winding up petition based on inability to pay debts must rest on a debt that is due and legally recoverable when the court considers the matter. A claim that becomes time-barred during the pendency of the petition cannot sustain winding up, because the jurisdiction is not a substitute for ordinary debt recovery. The doctrines of relation back and exclusion of time do not revive a barred claim for this purpose, and section 14 of the Limitation Act does not apply where the winding up petition and a later suit are not proceedings in the same matter in issue. A petition founded on a time-barred debt is therefore liable to fail. Case-Laws Indian Laws Thu, 16 May 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196631