2012 (8) TMI 1115 - HC - Companies Law

Summary

Issues involved: Winding up petition, acknowledgment of debt, limitation period.

Winding up petition: The petitioner sought winding up of the respondent company due to an outstanding amount of Rs. 45,78,900 for supplied goods, with an adhoc payment made in 2004. The petitioner claimed that a receipt of Form 3B by the respondent in 2006 extended the period of limitation for filing the petition within time.

Acknowledgment of debt: The respondent failed to produce the original sales tax form, leading to a dispute regarding the acknowledgment of the debt. The petitioner argued that the Form 3B and the receipt by the respondent constituted an acknowledgment under Section 18 of the Limitation Act.

Limitation period: The court examined whether the petition was within the limitation period as per Section 3 of the Limitation Act. The petitioner contended that the Form 3B and the receipt by the respondent amounted to an acknowledgment of the debt, but the court disagreed. It was held that the Form 3B did not meet the criteria for acknowledgment as it only acknowledged the goods received, not the debt itself. The court emphasized that the intention to admit a jural relationship as a debtor and creditor must be present for an acknowledgment to be valid under Section 18 of the Limitation Act.

Conclusion: The court dismissed the petition as time-barred, stating that the Form 3B receipt did not constitute an acknowledgment of the debt owed by the respondent. The court highlighted that the surrounding circumstances and communications did not establish an acknowledgment of the debt, leading to the dismissal of the petition filed in 2009 for a debt due since 2004.