# Supreme Court: time in winding-up can’t extend recovery suit limit

2026-08-13T00:54:33+00:00 | Governance | Indian Opinion Desk

Corroboration: 1 independent outlet

The Supreme Court has ruled that time spent in winding up proceedings cannot be excluded under Section 14 of the Limitation Act when filing a recovery suit. A bench of Justices JB Pardiwala and K Vinod Chandran said the two remedies seek fundamentally different relief. The case involved a recovery suit filed in June 2010 for Rs 24.36 lakh based on invoices from January 2006 and March 2007, well past the three-year limit. The respondent had earlier filed a winding-up petition in February 2009, which the company court dismissed due to a genuine dispute. The Calcutta High Court had allowed the recovery suit, but the Supreme Court set aside that order, holding that the claim was clearly time-barred.

## Coverage

- livelaw.in <https://www.livelaw.in/supreme-court/s-14-limitation-act-time-spent-in-winding-up-proceedings-cannot-be-excluded-for-filing-recovery-suit-supreme-court-545536>

Tags: corporate law, Limitation Act, recovery suit, Supreme Court, winding-up proceedings
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Cite: https://indianopinion.org/supreme-court-time-in-winding-up-cant-extend-recovery-suit-limit/#story-in-brief

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