Is recovery by govt. barred by limitation
G N Shaikh
(Querist) 04 December 2017
This query is : Resolved
"Is recovery of pending dues after 15 years by the Collector/ MIDC/ State Govt whereas no action has been taken last 15 years. Not served any recovery notice till today. When I approach to MIDC for NOC then I came to know about pending dues. Is they are illegible to recover. Is this recovery is barred by limitation."
G N Shaikh
Vijay Raj Mahajan
(Expert) 04 December 2017
Law of limitation applied to all including state government.
However law of limitation is for recovery of dues through court and if the period of limitation has expired as in your case they cannot move the court of recovery of dues which are more than 3 years.
rajeev sharma
(Expert) 04 December 2017
Yes it is barred by limitation. For more specific advise contact a counsel with full details.
N.K.Assumi
(Expert) 04 December 2017
Sir, they can claim but right to enforce through legal means in court is barred.
G N Shaikh
(Querist) 05 December 2017
Sir Vijay Raj Mahajan
Very useful information u have given to me but u did not mention under which rule n section barred I will be thankful to ur valuable reply
But now a days judiciary is acting different. I had filed a suit in Consumer Court against electricity co. State Commission admitted that respondent is guilty not follow any law and acted illegally which is mentioned in the judgment still court dismiss my suit on the ground of limitation and order me to pay all the dues plus 300% more than respondent prayed beyond the limit. National Commission also not find any guilty of respondent. We can’t expect the judiciary will believe on evidences.
Also in criminal suit under section 420 court acquitted accuse even I proved the guilty and fraud of accuse by documental and physically
G N Shaikh
rajeev sharma
(Expert) 06 December 2017
Mr Shekh courts do not act differently. Courts applies law on the basis of appreciation of facts and evidences . Sometime we despite of having a sound case fails to put our case in convincing manner before the court and then blame the court or sometime we misconceive law. Just in your case the consumer court was right in dismissing your application as it was time barred. You despite having a sound case lost your case because you you failed to exercise your right within the limitation period. Even in second case if you had proved your case the guilty would have been punished. Read he judgement of the court in this matter and you will find out where you failed to prove your case. I dont think that both these instances have any relation with your query.
