The single judge dismissed a company petition for payment of a debt, holding that the claim was barred by limitation. The debt became due in August 2011, and the petition filed in May 2015 fell three years outside the limitation period.
Petition dismissed as time barred.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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34.cp.1014.2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO. 1014 OF 2015
Ahmedabad Infracon Pvt. Ltd.
.. Petitioner
Vs.
Crest Logistics and Engineers Pvt. Ltd.
.. Respondent
Mr.Prashant Pandit for petitioner.
Mr.Akshay Patil a/w. Ms. Kanan Chawda i/b India Law Alliance for respondent.
CORAM : K.R.SHRIRAM, J. DATE : 21ST NOVEMBER 2017
P.C.
In this petition, according to petitioner, petitioner has to pay a sum of Rs.4,99,791/-. Annexed to the petition at Exh.'C' and Exh.'D' are two statements from which it appears that the amount became due and payable between 2009 and 2011. From the rejoinder filed by petitioner, it appears that Exh.'D' is an annexure to a letter dated 23rd August 2011. Therefore, on 23rd August 2011, alleged debt to petitioner of Rs. 4,99,791/-, became payable. Petition has been lodged only on 2nd May 2015. If we take three years from 23rd August 2011, the cut off date would be 22nd August 2014.In the circumstances, the claim appears to be barred by limitation. In such a situation, I am not inclined to admit this petition.
Petition dismissed.
(K.R. SHRIRAM, J.)
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Shraddha Talekar PS
2 issues framed by the court
Whether the company petition is time-barred under the Law of Limitation.
Whether the petition, filed in 2015 for a debt due in 2011, is barred by the three-year limitation period.
Ahmedabad Infracon Pvt. Ltd.
Crest Logistics and Engineers Pvt. Ltd.
K.R. SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
