1997 (8) TMI 406 - HC - Companies Law

Summary

Issues:
1. Whether the claims of the company are barred by the law of limitation.

Analysis:
1. The judgment addresses the issue of whether the company's claims are barred by limitation. The Official Liquidator argued that the claims are not barred based on a Full Bench decision of the court. However, the court noted that the Revenue Recovery Act only enables execution of decreed claims and does not grant the right to enforce claims before obtaining a decree. The court concluded that the claims are indeed barred by limitation at the time of commencement of the winding up proceedings.

2. The Official Liquidator also relied on a previous judgment by Justice Raman Nair regarding the starting point of limitation for filing a misfeasance application. The judgment highlighted that the right to recover amounts due to a company is not a new right given after the commencement of liquidation proceedings but an existing right. Therefore, the court found that the previous judgment is not applicable to the current cases.

3. The respondents argued that debts once barred cannot be legally enforceable under section 446(2)(b) of the Companies Act. Citing rulings from the Delhi and Bombay High Courts, it was established that claims which are time-barred cannot be considered legally enforceable claims. The court emphasized that the Official Liquidator's right is not new but an enforcement of the company's existing right.

4. The counsel referenced a Full Bench decision of the Madras High Court, stating that the Official Liquidator's right is not new but a continuation of the company's right. Additionally, decisions from the Kerala High Court emphasized that claims must not be barred at the time of commencement of liquidation proceedings for the Official Liquidator to enforce them under section 446(2)(b).

5. Considering the above precedents, the court concluded that claims the Official Liquidator seeks to enforce must not be barred at the commencement of liquidation proceedings. As the claims in question were time-barred under the Limitation Act, 1963 at that time, the court dismissed the claims based on the grounds of limitation.

This judgment clarifies the legal position regarding the enforcement of claims by the Official Liquidator in the context of limitation laws and established precedents.