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Kerala HC Rejects Limitation Objection to Official Liquidator's Recovery Claim

TaxGuru
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Summary

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  • The High Court of Kerala has rejected a limitation objection against the Official Liquidator's recovery claim of Rs.62,548 from Smt. Miny Zachariah in the case of Appletree Chits India (P) Ltd (In Liqn.).
  • The court determined that the claim was timely filed based on the winding-up order dated 08.11.2019, allowing for a four-year period to lodge claims under Section 458A of the Companies Act, 1956.
  • The respondent argued that the claim was barred by limitation since the alleged default occurred on 14.08.2013, but the court found that the right to sue arose only after the winding-up order.
  • This ruling clar

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