Home Case Index All Cases Companies Law Companies Law + Tri Companies Law - 2019 (11) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (11) TMI 1473 - Tri - Companies LawApplicability of time limitation - Oppression and Mismanagement - allegation that the petitioners (respondents in this IA) have not stated the date of occurrence of the cause of action fearing the eventual bar under the Limitation Act, 1963 - HELD THAT:- When a question deciding limitation occurred, it cannot solely be decided as a question of 'fact" alone. We have to look into the contents and circumstances of the main petition and decide whether this can be decided based on facts alone or there involved a question of "fact and law". After going through the main Company Petition and the pleadings in the IA, we are convinced that the main company petition does have a mixed question of "law and fact". Therefore, the plea of the applicant that the Company Petition is barred by limitation is to be viewed as a mixed question of facts and law for which it is necessary to peruse the relevant facts and the law. The available records and preliminary submissions of both parties reveal that involvement of mixed facts and law are inter-twined in this case. Therefore, the plea raised by the Applicant/Respondent No. 7 in the Interlocutory Application that the Company Petition is barred by limitation is required to be examined only after looking into the averments made in the Company Petition and any affidavit filed in reply to the Company Petition. Since limitation point is to be viewed from mixed question of law and fact, therefore at this preliminary stage it cannot be decided that the Company Petition is barred by limitation. However, this point of limitation can be examined at the time of final hearing.
|