TMI Blog1977 (12) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... he Company Appeal No. 2 of 1969 and, therefore, this appeal is being dealt with by a separate order. The present appeal is directed against the order dated 25th August, 1972 [ Offi. Liq., R. C. Abrol Co. P. Ltd. v. A. R, Chadha Co. [1973] 43 Comp Cas 376 (Delhi)], passed by P. N. Khanna J. on the application of the official liquidator under section 446(2)( b ) and section 543 of the Companies Act, 1956, against M/s. A.R. Chadha Co. and four others. The learned company judge had taken the view that the claim petition against A. R. Chadha Company (respondent No. 1 in the claim petition) was barred by time and unenforceable under clause ( b ) of section 446(2) of the Companies Act and dismissed the application against the said r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verned by art. 14 of the Schedule to the Limitation Act, 1963, under which the limitation was three years from the date of the delivery of the goods. Even if the period required to be excluded from computation under section 458A of the Companies Act is excluded, the claim for the recovery of the amount would be barred by time. In reply thereto, Mr. A. K. Jain, learned counsel for the appellant submitted before the learned company judge that the application before him was not a suit. It was merely an application under the Companies Act for which no period of limitation was prescribed. The only article in the Schedule of the Limitation Act which could be said to apply is art. 137, but in a series of decisions the view had been expressed tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Procedure, but also applicable to applications made to court under special Acts. In view of the aforesaid decision of the Supreme Court, Mr. A.K. Jain, appearing on behalf of the appellant conceded that without going into the question of the meaning of the word "claim" as interpreted by the learned company judge in relation to section 446(2) of the Act, the petition filed under section 446(2) by the official liquidator against respondent No. 1 in the company application, would, in any case, be barred by time. We feel that the learned counsel makes the concession rightly for the simple reason that even after the official liquidator is given the benefit of section 458A of the Act by excluding the, time contemplated by that section, the cl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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