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Issues Involved: Appeal against order accepting claim petition u/s 446(2) of Companies Act for recovery of dues, including limitation of claim petition.
Claim Petition Details: Official liquidator filed claim petition under section 446(2) of Companies Act for recovery of Rs. 845.32 against the appellant, related to balance price of gas supplied, rent of empty cylinder, and return of empty cylinder. Judgment Details: The Additional District Judge granted recovery of Rs. 504 and return of empty cylinder, with entitlement to Rs. 340 in case of failure to return cylinder, along with costs of the petition. Appeal referred to Full Bench by Division Bench for further consideration. Limitation Issue: The key issue was whether the claim petition u/s 446(2) was within limitation. The view that Indian Limitation Act doesn't apply to such claims was challenged. Full Bench analyzed the meaning of "any claim" in section 446(2)(b) of the Act and discussed the legislative intent behind the provision. Interpretation of Statutes: Full Bench interpreted "any claim" as legally enforceable claims, harmonizing different provisions of the Act. The right to file a claim petition arises post winding-up order, with limitation period starting from the date of the winding-up order. Legal Precedents: Referring to Kerala State Electricity Board v. T.P. Kunhaliumma, it was held that article 137 of Limitation Act applies to applications under special Acts like section 446(2)(b). The limitation period for such claims was determined as three years from the date of the winding-up order. Decision and Remand: The finding on limitation issue was set aside, and the claim petition was remanded for fresh determination on the limitation aspect. The order of the Additional District Judge was set aside partially, with parties directed to appear for further proceedings. Conclusion: The judgment clarified the application of limitation laws to claim petitions u/s 446(2) of the Companies Act, emphasizing the enforceability of claims and the starting point for calculating the limitation period post winding-up order.
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