Lawstreet Journal

Limitation Under Article 113 Of Limitation Act Starts When the Right to Sue Accrues and Not When the Right To Sue "First" Accrues: SC [READ JUDGEMENT]

Lawstreet Journal 13 Jun 2020 8:39pm

Image courtesy: Lawstreet Journal Judiciary Limitation Under Article 113 Of Limitation Act Starts When the Right to Sue Accrues and Not When the Right To Sue "First" Accrues: SC [READ JUDGEMENT]

A full Bench of Supreme Court presided by Justice A.M. Khanwilkar and comprising Justices Indira Banerjee and Dinesh Maheshwari, has on June 05, 2020, held that the limitation period under Article 113 of the Limitation Act, 1963, which is a residuary clause, begins when the right to sue accrues and not when the right to sue "first" accrues.

Judgment to this effect was authored by Justice A.M. Khanwilkar and passed in the matter of Shakti Bhog Food Industries Ltd. v. The Central Bank of India & Anr. 

 

Background of the case:

The case of the appellant was that it was the manufacturer of wheat flour and other items and it had been selling its goods to various purchasers who used to make the payments through cheques and drafts. The appellant would deposit/lodge those cheques/drafts with the respondent bank on having paid the charges for interest/commission and the appellant was availing local cheques/drafts discounting facility to the extent of Rs. 25 Lakhs in its Account maintained by the respondents. Somewhere in July 2000, the plaintiff/appellant had noticed that the respondents had charged interest/commission @ Rs. 4/- per thousand on local cheques/drafts in violation of the understanding and the said overcharge was made from 2000-2001 and as such, the appellant had approached the respondent no. 1 vide letter dated July 09, 2001, informing thereby about the extra charges. It had been alleged that the Senior Manager of respondent no.1, who was also respondent no. 2, had vide his letter dated May 08, 2002, refuted the claim of… Continue Reading...


Tagged: Limitation Act   Supreme Court of India  
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