What is Commencement of winding up by Tribunal What is Exclusion of certain time in computing period of limitation Section 357 and 358 of Indian Companies Act 2013

Commencement of winding up by Tribunal and Exclusion of certain time in computing period of limitation are defined under Section 357 and 358 of Indian Companies Act 2013. Provisions under these Sections are:

 

Section 357 of Indian Companies Act 2013 "Commencement of winding up by Tribunal"

(1) Where, before the presentation of a petition for the winding up of a company by the Tribunal, a resolution has been passed by the company for voluntary winding up, the winding up of the company shall be deemed to have commenced at the time of the passing of the resolution, and unless the Tribunal, on proof of fraud or mistake, thinks fit to direct otherwise, all proceedings taken in the voluntary winding up shall be deemed to have been validly taken.


 

(2) In any other case, the winding up of a company by the Tribunal shall be deemed to commence at the time of the presentation of the petition for the winding up.

 

Section 358 of Indian Companies Act 2013 "Exclusion of certain time in computing period of limitation"

Notwithstanding anything in the Limitation Act, 1963, or in any other law for the time being in force, in computing the period of limitation specified for any suit or application in the name and on behalf of a company which is being wound up by the Tribunal, the period from the date of commencement of the winding up of the company to a period of one year immediately following the date of the winding up order shall be excluded.

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