1981 (8) TMI 182

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....pearing Parties. JUDGMENT Shanmukham, J. - The only plea raised by the respondent to the application by the official liquidator for the recovery to Rs. 9,901 is that the claim is barred by limitation. The amount became due in respect of dealings between the company (in liquidation) and the respondent. The last payment was by cheque dated 11th September, 1974. As the cheque was honoured, i....

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....mmediately following the date of winding-up order shall be excluded." According to the provisions, the period of limitation in respect of any suit or application not only in the name of, but also on behalf of, the company is the usual period prescribed under the Limitation Act plus the period from the date of commencement of the winding-up of the company to the date of the winding-up order (bot....

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....ovision does not contemplate any qualification or exception to such calculation. It is not in dispute that if the aggregate of both the periods is taken, the claim is in time. Before concluding, it is necessary to point out that though the claim is presented in the form of an application, it is really a plaint and that, therefore, such application shall contain as in the case of a plaint all....