Punjab & Sind Bank v. D K Gupta

$~80

• IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 05.09.2024

• • RFA 49/2020 PUNJAB & SIND BANK .....Appellant Through: Mr. Sarvajeet Kumar, Adv. versus

D K GUPTA .....Respondent Through: Mr. Sanjay Bansal, Adv.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)

1. The present Appeal has been filed impugning the Judgment and Decree dated 22.10.2019 passed by the learned Additional District Judge-10 (Central), Delhi [hereinafter referred to as the “Impugned Judgment”]. By the Impugned Judgment the suit for recovery in the sum of Rs.3,66,836/- has been dismissed by the learned Trial Court in view of the fact that the suit is barred by limitation.

1. Notice in this Appeal was issued on 27.01.2020. In the interregnum period, the Respondent expired and this Court by its order dated 22.07.2024 impleaded the legal representatives of the Respondent to contest the present proceedings.

1. Learned Counsel for the Appellant has relied upon two documents. In the first instance, he relies upon the Circular No. IRDA/Cir/004/2003 of the Insurance Regulatory and Development Authority of India (IRDAI) dated 14.02.2003 to submit that the Respondent was aware that no commission or other remuneration is to be paid along with the referral fee and, thus, he had the knowledge of this fact priorly. In addition, he seeks to rely upon a Board