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2016 (8) TMI 1097 - DELHI HIGH COURT

2016 (8) TMI 1097 - DELHI HIGH COURT - TMI - Guarantee 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 upo .....

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ts. 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. - RFA 589/2016 - Dated:- 16-8-2016 - MR SIDDHARTH MRIDUL J. Appellant Through: Mr. Danish Zubair Khan, Advocate Respondents Through: None SIDDHARTH MRIDUL, J (ORAL) CM APPL.29547/2016 (Condonation of Delay in Refiling) For .....

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015, titled M/s National Minorities Development and Finance Corporation vs. Andhra Pradesh Mahila Welfare Society & Ors. whereby the said suit for recovery of money, instituted on behalf of the appellant herein came to be dismissed, as being barred by limitation. 2. Learned counsel appearing on behalf of the appellant canvasses a solitary ground before this Court in the present appeal. It is urged on behalf of the appellant that the guarantee executed by the defendant was in the nature of a .....

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a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the time when the payment was made: Provided that, save in the case of payment of interest made before the 1st day of January, 1928, an acknowledgement of the payment appears in the handwriting of, or in a writing signed by, the person making the payment. Explanat .....

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o motion from the time such payment is made. 5. 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. 6. In this backdrop, the learned trial court dismissed the suit with the following order:- Vide this order, I shall dispose arguments on the point of limitation. Present suit has been filed by the plaintiff against defendants for recovery of ₹ 3,80,366/- (R .....

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s several times to refund the loan amount but defendants avoided to pay back the same on one pretext or the other. As per statement of account, a sum of ₹ 3,80,366 /-(Rupees Three Lacs Eighty Thousand Three Hundred Sixty Six) was due as on 16.06.2014. Demand notice dated 24.06.2014 was sent to the defendants calling upon them to repay the amount due, but of no avail. 2. Perusal of averments of the plaint shows that the plaintiff has sought to recover the loan amount advanced in the year 20 .....

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ending demand notice to the defendants can not extend the period of limitation. The limitation can be extended only either by way of acknowledgement of debt in writing or part payment of debt as provided under Sections 18 & 19 of the Limitation Act, 1963. In the absence of any document i.e. acknowledgement of debt in writing or part payment of debt allegedly made by the defendants, I hold that there is inordinate delay in filing of the present suit. So, the present suit, being barred by limi .....

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