M THANKAMANI OF CALCUTTA Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) APPEAL No. 64 of 1991 is filed impugning the judgment of the learned Single Judge dated 15th Feburary, 1990 making the Judges Summons absolute. As far as Company Application No. 1248 of 1983 is concerned, the same has been referred to the Division Bench in view of the decision impugned in Appeal No. 64 of 1990.

(2.) A question which requires to be considered in both these matters being common, both the matters are being disposed of by a common judgment. The short question that requires consideration in the present appeal is as to how time for filing a suit or an application for recovery of a claim on behalf of a Company which is ordered to be wound up is to be calculated in view of the provisions of section 458-A of the Companies Act, 1956.

(3.) AS far as the facts of both the matters are concerned, there is hardly any dispute. It would suffice to mention brief facts of the appeal which are as follows : a promissory note was executed on 16th January, 1976. On 7th July, 1978 a petition for winding up of the Company, being Petition No. 497 of 1978, was filed. On 19th January, 1979 winding up order of the Company was passed. On 14th June, 1983 Company Application No. 657 of 1983 was filed by the Official Liquidator praying that the respondents be ordered and decreed to pay to the Applicant a sum of Rs. 11, 995. 02 with further interest in which the judgment appealed from was delivered.