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2015 (12) TMI 1670 - HC - Companies LawPeriod of limitation for claims filed by the Official Liquidator under clause (b) of sub-section (2) of Section 446 - winding up proceedings against the company in liquidation - Held that:- In view of the law laid down in Karnataka Steel and Wire Products case (2002 (11) TMI 355 - SUPREME COURT OF INDIA) in respect of a legally enforceable claim, which could have been made by the company on the date on which the application for winding up is made, the Official Liquidator could file claim within a period of four years from the date of winding up order, by taking the benefit of one year period immediately following the date of the winding up order, as provided under Section 458A of the Act and the three years period provided under Article 137 of the Limitation Act. In that view of the matter, all the claims filed by the Official Liquidator which are involved in these appeals are barred by limitation, since such claims were filed beyond a period of four years from 4.4.1990, the date of winding up order.
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