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2011 (4) TMI 1207 - HC - Companies LawWinding up – official liquidator is seeking to incorporate the amendment by way of adding additional prayers – Period of limitation - Held that:- official liquidator was required to file the application within five years from the date of winding up order, namely, March 7, 2005 and it has been filed in C. A. No. 130 of 2010 on March 1, 2010. The present application seeking amendment has been presented by the official liquidator for raising certain additional points based on the chartered accountant's report dated September 17, 2010. Time commenced between commencement of winding up and the date of winding up order, i.e., July 22, 2002 to March 7, 2005, which would be two years and 8 months, of which this court is not concerned with in this application. The application which has been filed on September 17, 2010, is to be held as filed within the period of limitation since the benefit of exclusion provided under section 458A, provisions of section 458A would be applicable to proceeding of misfeasance instituted by the official liquidator. that application filed by the official liquidator for amendments within the period of limitation. Appal allowed
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