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TMI Blog2012 (5) TMI 871X X X X Extracts X X X X X X X X Extracts X X X X ..... n hour of arguments by counsel for the appellant/plaintiff I am really unable to make much head or tail of the case as is being argued by counsel for the appellant/plaintiff. Sometime it is averred that the 17 bills which are the subject matter of the suit and the present appeal were in fact subject matter of an arbitration proceedings initiated by the appellant/plaintiff and for which there is an Award in favour of the appellant/plaintiff, on other occasions it is said that there are no arbitration proceedings and in fact arbitration proceedings were with respect to another contract and in execution proceedings of the Award in those other proceedings the amount of the subject bills was sought to be attached, and therefore, the suit filed f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant/plaintiff, there was an Award in favour of the UOI and in execution proceedings the amounts of the 17 bills were sought to be attached, and which attachment order was declined. It was pleaded that this cannot amount to an acknowledgment to extend the limitation as per the provision of Section 18 of the Limitation Act, 1963. 5. Before I turn to the basic issue which has been decided against the appellant/plaintiff by the trial Court of the suit having been barred by limitation, I must note that if I accept the statement made by counsel on behalf of appellant/plaintiff as correct that with respect to these 17 bills which were the subject matter of the present suit, there were earlier arbitration proceedings initiated by the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o prove the 4 question of limitation which otherwise goes to the root of the matter. Thus the documents and the pleadings inter se the parties tend me to take judicial notice which otherwise are not disputed and rather admitted by the parties. 18. The plaintiff before filing the suit had issued a notice under section 80 of CPC to the Defendant. This notice is dated 17.4.1990. Relevant para 3 of the notice reads as follows: In view of the aforesaid, the said amount of ₹ 2,09,503/- because refundable to our aforesaid client on 6.11.86 when the Controller of Accounts confirmed that the decreed amount of ₹ 3,02,285/- was recovered by them from the other bills of our client. 19. Thus from a perusal of para 3 of this notice, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for recovery of the amount of the 17 bills but for the reasons best known to the plaintiff, he did not take any action, fourthly, the plaintiff should have got the matter referred to the arbitrator for getting the dispute settled. Thus in view of this, by no stretch of imagination, it can be said that because of fault on the part of the defendant, the plaintiff was not in a position to file the suit. The plea of the learned counsel for the plaintiff that the defendant neither made any payment not referred the matter to arbitration also does not cut much ice for the simple reason that it was the plaintiff whose bills were withheld and it was he who was seeking to recover the amount on the basis of the bills withheld by the defendant, thus it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. In my opinion, the present suit as also the appeal is nothing but a gross waste of judicial time and an endeavour to overreach the Court. In fact, I must once again put on record that there was lack of clarity in the arguments as were being urged on behalf of the appellant/plaintiff inasmuch as about 8 to 10 times different stands were taken up time and again either with respect to the present suit and appeal being filed for the first time for the 17 bills and on the other hand alternatively stating that in fact there were earlier arbitration proceedings initiated by the appellant/plaintiff for these very 17 bills. Even with respect to the acknowledgement most ambivalent arguments were raised, when direct questions were put as to how a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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