Supreme Court: Time spent in winding up cannot exclude recovery suit filing

The case concerns a dispute over a recovery suit for unpaid bills between Mageba Bridge Products Private Limited and M/s. Trade Centre, specifically addressing whether the suit was barred by limitation and if the plaintiff's status as a registered partnership firm was validly proved.

Appellant: Mageba Bridge Products Private Limited; Respondent: M/s. Trade Centre; Judge: Justice K. Vinod Chandran.

• The Court held that the registration of the respondent-firm was sufficiently proved by Exhibit-8 and a certified copy of Form-VIII.
• The Court held that the time spent in winding up proceedings cannot be excluded under Section 14 of the Limitation Act for filing a separate recovery suit.
• The Court found that the suit for recovery was barred by limitation.
• The Court reversed the order of the High Court to the extent of granting relief for recovery.
• The suit was dismissed on the ground of limitation.
• The appeal was allowed.

Written from the document by AI, and checked against it. The original below is authoritative.

The original document