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2016 (10) TMI 1107 - Tri - Companies LawAllegations of oppression and mismanagement - Petitioners locus standi to file a petition - period of limitation - Held that:- The cause of action, if any, arose to the petitioners on 30.9.2012 and the instant petition having been filed on 25.7.2016 is clearly beyond the period of three years provided by Article 113of the Limitation Act as noticed above. We suggested to the learned counsel that the petition is liable to be dismissed on that count. A perusal of e-mail dated 3.6.2014, 20.7.2014 and 24.7.2014 did not reveal any acknowledgment of the relief claimed by the petitioners. It only refers to the working out of account on the shareholding as per the request made by one Subodh. The other email also did not reflect on any acknowledgment nor any such email could be pointed out by the petitioner. We deem it appropriate to make a reference to the email of December 2014 and 2015 which talks of grant of amnesty and filing of the Company Petition. There is no mention of any acknowledgement in terms of Sec. 18 of the Limitation Act, either before the expiry of the period of three years which commenced from 30.9.2012 and expired on 29.9.2015 or thereafter. Moreover, acknowledgment has to be made to those who have some interest in Respondent No. 1 company. The petitioners have never been director or shareholder in Respondent No. 1 company. The question of acknowledgment does not even arise. There is a serious doubt whether the petitioners have any locus standi to file such a petition. Therefore, we are satisfied that this petition is liable to be dismissed without grant of any benefit of Section 18 of the Limitation Act and for lack of locus standi on the part of the petitioners.
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