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2008 (7) TMI 575 - HC - Companies LawWinding up – Circumstances in which company may be wound up by Tribunal - Held that:- It could be seen from the available materials that rehabilitation scheme was approved with effect from July 19, 1989 and it continued till March 31, 2001 and during which period, the letter was issued. Under these circumstances, the court is of the considered opinion that when the defence plea that was stated in the course of the counter was that it was time-barred, it has got to be looked into and decided only on appreciation of evidence and not otherwise. At this juncture, it is pertinent to point out that the learned single judge, at the end of the order, recorded the finding that the claim was time-barred. Now, the grievance was that that finding has got to be removed from the order. Accordingly, that finding is removed from the order. Thus, the question as to whether it is time-barred or not is to be decided only on adducing evidence of both parries and on appreciation of the same. With the above observation, this O.S.A. is dismissed. No costs. It is open to the appellant to make a claim, as per the law, before the appropriate forum for getting appropriate remedy.
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