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TMI Blog1953 (10) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... an application under section 235 of the Indian Companies Act in limine on the ground that it was barred by limitation. The application was against the managing director of the Union Bank of Malabar Ltd., its secretary, and also the auditor who was appointed by the general body at the annual general meeting. The official liquidator was appointed on 20th June, 1939, and the application was taken out under section 235 of the Indian Companies Act on 20th June, 1942, 19th June, 1942, was a Sunday. The learned District Judge of South Malabar, without going into the merits of the application, dismissed the application on the ground that it was beyond three years, the period prescribed by section 235 of the Act. The short point, therefore, for con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the last in a series of days or any other period of time, to use the word 'to'." An application under section 235, it is no doubt true, has to be made within three years from the date of the first appointment of the liquidator. But, in computing the period of three years, as the word "from" is used in the Act, it is contended that the first day should be excluded from computation. The learned District Judge thought that, as the word "within" was used besides the word "from", there was no scope for the application of section 8 of the General Clauses Act. We do not share that view. The word "within" was used to denote the period during which action had to be taken by the liquidator by making an application under the section. But, in order to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other period of time". In other words, when a three years' period is mentioned, the first unit is the first year and therefore it was contended that it would lead to absurd results. We think, however, that no such catastrophe is implied in the language of the section, and taking the two parts of the section together "the first in a series of days" would mean "the first day in a series of days" and the same would qualify "any other period of time"; i.e., "the first day in any other period." In the same manner, "the last day in a series of days" would also apply to "any other period of time" occurring in the latter half of the section. In both the contexts, the first day and the last day are to be taken as applicable not only to the "series ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the court or office is open." In the present case, an application is allowed to be filed by section 235 of the Indian Companies Act and it should be filed within three years from the date of the first appointment of the liquidator. If the last day in that period of three years was a Sunday and the court was closed, under the section, if the application was filed on the next day, it would satisfy the requirement of the law and no question of the application having been filed beyond the period prescribed could arise. Mr. Bhashyam, the learned counsel for the respondents, however, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ger be available to the petitioning creditor and therefore the petition would not be maintainable. Since the decision in Chenchuramana v. Arunachala, the legislature intervened and added a proviso to section 9 of the Provincial Insolvency Act by Act III of 1950 which obviates the difficulty felt by the learned Judges in Chenchuramana v. Arunachalam. It provides: "Provided that where the said period of three months referred to in clause (c) expires on a day when the court is closed, the insolvency petition may be presented on the day on which the court reopens." In the present case, there is no question of any antecedent requirement within the particular period of time to be fulfilled to enable the liquidator to maintain the petition under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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