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State of Kerala - Section

Section 55 in Kerala Chitties Act, 1975

55. Limitation.

(1)Where an order refusing to wind up a chitty has been made under this Act, the chitty shall be deemed to have been under suspension from the date of the presentation Of the petition to the date of such order in respect of non-prized subscribers; and notwithstanding anything contained in the variola, no non-prized subscriber who was not a defaulter On the date of the presentation of the petition for winding shall be deemed to be a defaulter on the date of its dismissal.
(2)Where an order refusing to wind up a chitty has been made under this Act, in computing the period of limitation prescribed for any suit or other legal proceedings (other than a suit or application in respect of which the leave of the court has been obtained) which might have been brought or made out for the presentation of the petition for winding up the chitty, the period from the date of the presentation of the petition to the date of the order refusing to wind up the chitty shall be excluded.
(3)Nothing contained in this Part shall affect the right of the subscriber to proceed against the foreman personally the balance, if any, of the amount due to him after the declaration of the final dividend in proceedings for winding up the chitty, and in computing the period of limitation prescribed of any such suit or application for execution of a decree, the period from the date of the presentation of the petition for winding up the chitty to the date of the declaration of the final dividend shall be excluded.