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2017 (4) TMI 1499 - CALCUTTA HIGH COURTStay on winding up petition - time limitation - HELD THAT:- There is no doubt that for an acknowledgement within the meaning of Section 18 of the Limitation Act, 1963, as long as it is in writing, it would do. The writing need not be addressed to the creditor and may be a writing addressed to a third party wherein the acknowledgement is recorded but the identity of the creditor and the acknowledgement of the indebtedness, without even the quantum being specified, must be evident. In other words, for an acknowledgement to be held against a person, such person should acknowledge the debt due to another, such acknowledgement must be in writing and the acknowledgement need not specify the quantum of the debt. The company petition carried by this appellant to the Company Court was ex-facie barred by limitation save the assertion in paragraph 18 thereof that the company had acknowledged its liability in the balancesheets for the three relevant financial years. Copies of the balance-sheets appear to have been appended to the petition, but nothing from the balance-sheets identified the appellant as a creditor whose debt had been acknowledged to be due by the respondent company. The petitioner had no claim to carry before a Company Court for winding up the respondent - petition dismissed.
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