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2009 (4) TMI 439 - HIGH COURT OF BOMBAYWhether the letter dated 7-7-2005, read with Annexure-I referred to therein and enclosed therewith constitutes an acknowledgement in writing signed by the party i.e., the company, as required by section 18 of the Limitation Act, 1963? Held that:- In the present case, there is a clear intention on the part of the company to incorporate the contents of the Annexure-I referred to therein in the letter dated 7-7-2005. This intention is clear from paragraph 4 of the letter set out earlier and especially the words "as seen from the ledger copy enclosed as Annexure-I" (emphasis supplied). Paragraph 4 in effect incorporates the contents of Annexure-I in the letter dated 7-7-2005. If indeed the Petitioner’s case on merits is well founded and the defence of the company regarding the clubbing of the said thirty two accounts is not accepted, this letter read with Annexure-I thereto would constitute an acknowledgement of liability as the annexure is incorporated therein. The acknowledgement therein would, therefore, be one in writing and signed by the company. In the circumstances, the Company is directed to deposit in this Court a sum of ₹ 3,88,462 on or before 31-7-2009. Upon the amount being deposited, the same shall be invested in a nationalized bank initially for a period of one year and, thereafter, for like periods of one year each. In case of failure on the part of the Company to deposit the amount as aforesaid, the Petition shall stand admitted and to be advertised in Free Press Journal, Maharashtra Times and Maharashtra Government Gazette. The Petitioner to deposit an amount of ₹ 10,000 with the Prothonotary and Senior Master of this Court within four weeks from the date of default.
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