TMI Blog2018 (4) TMI 1569X X X X Extracts X X X X X X X X Extracts X X X X ..... period for filing a suit for recovery of dues has lapsed in view of the fact that the present petition has been filed almost 7 years after raising the invoices. The limitation period would be three years. The alleged claim by the petitioner is barred by limitation on the face of record. I see no reason to allow the present petition. The same is accordingly dismissed. - CO.PET. 441/2016 & CA 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lhi. Against the said transactions, the petitioner sent various invoices /bills which are stated in para 8.5 of the petition. In all, eight invoices/bills have been sent for a total of 3 69,090.45 USD starting from invoice s dated 13.08.2008 to 02.10.2008. Thereafter, the statutory demand notice was sent on 28.11.2015. Hence, the present winding up petition. 3. I may note that on 14.07.2017 it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 008. The present winding up petition has been initiated some times in May, 2016. On the face of it, the limitation period for filing a suit for recovery of dues has lapsed in view of the fact that the present petition has been filed almost 7 years after raising the invoices. 6. The limitation period would be three years. Article 14 of the Limitation Act reads as follows: 14. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of limitation. In Niyogi Offset Printing Press Limited (supra), in paragraph 27, it was accordingly held as under: 27. The claim of the petitioner for recovery of the amount has become barred by time. If the petitioner files a suit for recovery of the said amount, the suit will be dismissed as barred by time. If the claim of the petitioner to recover the amount has become barred by time, it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in holding that the aforesaid claim of the appellant was barred by limitation as the said claim was raised beyond the period of three years of the time specified in terms of the agreement. The winding up petition was filed on 21 st March, 2001, whereas payment became due in July, 1997 and part payment was made on 10 th July, 1997. 9. The alleged claim by the petitioner is barred by limitatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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