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2016 (8) TMI 1097 - HC - Indian LawsGuarantee executed by the defendant - period of limitation extended on account of the acknowledgement of debt, in terms of Section 19 of the Limitation Act, 1963 - Held that:- Where a payment is made on account of a debt, before the prescribed period of limitation under the said Act expires, by the debtor, a fresh period of limitation is set into motion from the time such payment is made. In the present appeal, it is observed that subsequent upon the disbursement of the loan on 23.12.2000, the appellant has not averred that any payment has been received from the defendants. In the facts and circumstances, the submission made on behalf of the appellant to the effect that there was an acknowledgement on the part of the defendants, in view of the guarantee furnished by the latter, which according to them was a continuing guarantee and extended the period of limitation on account of acknowledgement of debt, is fallacious and devoid of merits. There admittedly is no other acknowledgement of debt in writing by the defendants apart from this unsupported argument of “continuous guarantee” set up by the appellant. Thus, the provision of Section 19 of the said Act, are not attracted to the facts of the present case.
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