Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (12) TMI 1192 - HC - Indian LawsDishonor of cheques - complaint u/s 138 of the Negotiable Instruments Act, 1881 - Maintainability of summary suit against LRs - Time Limitation - difference in amount claimed in the suit and amount due - Held that:- The pleadings in the present suits are clear to the effect that ₹ 3 crores is claimed as the principal amount and ₹ 84 lacs is claimed towards the interest from 1st April, 2016 till the date of filing of the suit @12% per annum. The pleading is clear and categorical. It brooks no ambiguity. A reading of the said pleading shows that it is in accordance with the instrument issued by Late Mr. Dhingra i.e. a cheque of ₹ 3 crores. This, objection is also not tenable - The leave to defend, therefore, does not raise any triable or valid defence. Limitation - Held that:- The question of limitation is not being gone into as the summons for judgments were served on the Defendants on 6th November, 2018 and first filing of the leave to defend was on 12th November, 2018. Though, there was a refiling of the said application, the date of filing of the said application would have to be construed as 12th November, 2018. The objection of limitation is, thus, rejected. The suit is thus decreed.
|