( 1 ) THIS appeal has been placed before the Full Bench in view of the orders of Shankar and T. P. S. Chawla, JJ. dated 17th October, 1974 along with Company Appeal No. 2 of 1969.

( 2 ) HOWEVER, during the hearing it was noticed that the point involved in the present appeal was somewhat difierent from the points urged during the hearing of the Company Appeal No. 2 of 1969 and therefore, this appeal is being dealt with by a separate order.

( 3 ) THE present appeal is directed against the order dated 25th August, 1972 passed by P. N. Khanna J. on the application of the Official Liquidator under Section 446 (2) (b) and Section 543 of the Companies Act, 1956 against M/s. A. R. Chadha and Co. and four others.

( 4 ) THE learned Company Judge had taken the view that the claim petition against A. R. Chadha and Company (respondent No. 1 in the claim petition) was barred by time and unenforceable under clause (b) of Section 446 (2) of the Companies Act and dismissed the application against the said respondent. The application of the Official Liquidator against respondents 2 to 5 in the said claim petition was, however, directed to come up for further consideration.

( 5 ) THE p