KARNATAKA STEEL, WIRE PRODUCTS LIMITED v. KOHINOOR ROLLING SHUTTERS, ENGINEERING WORKS PRIVATE LIMITED
1991-08-22
K.S.BHATT, N.VENKATACHALA
body1991
DigiLaw.ai
( 1 ) AS TO WHAT WOULD BE THE PERIOD OF LIMITATION WITHIN WHICH A CLAIM UNDER SECTION 446 (2) (B) OF THE COMPANIES ACT, 1956, COULD BE PREFERRED HAVING REGARD TO THE provision IN SECTION 458-A OF THAT ACT, THERE ARE CONFLICTING VIEWS EXPRESSED BY several HIGH COURTS IN THE COUNTRY, AS COULD BE SEEN FROM THE DECISIONS IN THE FOLLOWING reports: 1. 1988 (63) COMPANY CASES 749; ( 2 ) 1985 (57) COMPANY CASES 742; ( 3 ) 1981 (2) KARLJ 144 ; ( 4 ) 1984 (56) COMPANY CASES 479; ( 5 ) AIR 1989 KANT. 41; ( 6 ) 1982 (2) KLC 1 (LAW CHRONICLE)THE AFORESAID QUESTION, NAMELY, "what IS THE CORRECT PERIOD OF LIMITATION FOR CLAIMS to BE MADE UNDER SECTION 446 (2) (B) OF THE COMPANIES ACT HAVING REGARD TO THE provision IN SECTION 458-A OF THE COMPANIES ACT, 1956", IS, THEREFORE, REFERRED TO A FULL BENCH UNDER SECTION 7 OF THE KARNATAKA HIGH COURT ACT, SEEKING ITS ANSWER. PAPERS BE PLACED BEFORE HON'ble THE CHIEF JUSTICE FOR A FULL BENCH TO BE CONSTITUTED FOR HEARING AND ANSWERING THE SAID QUESTION. --- *** --- .