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2006 (7) TMI 325 - SUPREME COURT
Whether the petitioners could avail of the benefit of section 17(1)(b) of the Limitation Act as they were claiming that they did not get any knowledge of the transaction prior to May, 1987 and that the petition was within time from the date on which they got knowledge of the transaction?
Held that:- Appeal allowed. The Company Petition could not be dismissed on a preliminary issue, namely, as being barred by limitation as the petitioners had not been given opportunity to lead evidence and the finding of the High Court has been reversed on that point, we do not consider it appropriate to examine the aforesaid contention on merits. However, as the High Court has to hear the Company Petition again, the findings recorded by the High Court on the point of continuing wrong and condonation of delay are set aside.