JUDGMENT

Pattanaik, CJI.-These appeals, directed against the Full Bench decision of the Karnataka High Court, raise a common question as to whether on account of Section 458A of the Companies Act, which was inserted by the Companies (Amendment) Act, 1960, the period of limitation for filing any suit or application gets extended, and if so, whether a claim which was barred on the date, the application for winding up was filed, stands revived on account of an order of the Court in the winding up proceedings. In the impugned judgment, the Full Bench of the Karnataka High Court has recorded its conclusion that the provisions contained in Section 458A of the Companies Act does not confer a fresh cause of action and, therefore, if the time for the claim is already barred under the relevant provisions of the Limitation Act, then the appointment of official liquidator on an application being filed for winding up of the company, would not revive the barred date. It appears that the aforesaid view of the Karnataka High Court is in agreement with the decision of the Madras High Court in 63 Company Cases 749 and is in variance with the two Full Bench decisions, one of Delhi High Court in AIR 1