1991 Supreme(Kar) 366

Karnataka High Court
KARNATAKA STEEL, WIRE PRODUCTS LIMITED - Appellant
Versus
KOHINOOR ROLLING SHUTTERS, ENGINEERING WORKS PRIVATE LIMITED - Respondent
Decided On : 08-22-91
COMPANY APPEAL : 133 of 1987

Conflicting views on the period of limitation for claims under the Companies Act, 1956, led to a reference to a Full Bench for resolution.

Headnote:

LIMITATION - Companies Act, 1956 - Conflicting views on the period of limitation for claims under Section 446(2)(b) in light of Section 458-A - Reference to Full Bench for resolution

Fact of the Case:

Conflicting views on the period of limitation for claims under Section 446(2)(b) of the Companies Act, 1956, in relation to Section 458-A led to a reference to a Full Bench under Section 7 of the Karnataka High Court Act.

Finding of the Court:

The court found conflicting views on the period of limitation and referred the question to a Full Bench for resolution.

Issues: Conflicting views on the correct period of limitation for claims under Section 446(2)(b) of the Companies Act, 1956, in light of Section 458-A.

Ratio Decidendi: The conflicting views on the period of limitation for claims under the Companies Act, 1956, necessitated a reference to a Full Bench for resolution.

Final Decision: The matter was referred to a Full Bench for hearing and answering the question on the correct period of limitation for claims under Section 446(2)(b) of the Companies Act, 1956, in light of Section 458-A.