https://www.taxtmi.com/caselaws?id=286030 Time spent in winding up petitions is not excluded under Section 14 of the Limitation Act, 1963 unless the earlier proceeding was prosecuted with due diligence and good faith, involved the same matter in issue, and failed for want of jurisdiction or a like defect. A winding up petition and a recovery suit are materially different: the former seeks dissolution of a company unable to pay its debts, while the latter seeks adjudication and recovery of money. Because the winding up petitions were dismissed on merits on the basis of a bona fide defence, the exclusion provision did not apply, and the recovery suits were held to be barred by limitation. en-us Mon, 03 Feb 2003 00:00:00 +0530 Mon, 10 Feb 2020 10:22:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286030 Time spent in winding up petitions is not excluded under Section 14 of the Limitation Act, 1963 unless the earlier proceeding was prosecuted with due diligence and good faith, involved the same matter in issue, and failed for want of jurisdiction or a like defect. A winding up petition and a recovery suit are materially different: the former seeks dissolution of a company unable to pay its debts, while the latter seeks adjudication and recovery of money. Because the winding up petitions were dismissed on merits on the basis of a bona fide defence, the exclusion provision did not apply, and the recovery suits were held to be barred by limitation. Case-Laws Indian Laws Mon, 03 Feb 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286030