Limitation
kalpana
(Querist) 20 October 2013
This query is : Resolved
A contract was entered into for collection of some amont each year I in the year 2008 according to the contract each year the defendant. Had to pay certain amount to the plaintiff he failed to pay the amount due for the period 2009', 2010 and 2011 having no other option the plaintiff terminated the contract in 2012 my query can I recoveR the amount due under the contract. Is the starting period of limitation from the date of termination or is the debt time barred
Devajyoti Barman
(Expert) 20 October 2013
Only three years of amount due can be recovered.
kalpana
(Querist) 20 October 2013
When does the limitation start is it from the date of termination of contract or is it from the date of default
kalpana
(Querist) 20 October 2013
When does the limitation start is it from the date of termination of contract or is it from the date of default
R.K Nanda
(Expert) 20 October 2013
agree with experts.
kalpana
(Querist) 20 October 2013
Does the due date start from the date of termination of contract because some amounts had to be recovered for the year 2008 and 2009 also does article 55 apply
Raj Kumar Makkad
(Expert) 20 October 2013
You have already been advised by Bhartesh G that the limitation shall start from the date of last installment due means 2010 not from the date of termination of agreement.
Surrender K Singal
(Expert) 21 October 2013
You may like to stretch limitation from Debtor's intention NOT to pqay as per his letter of termination upto which he had been promising to honour his commitment etc
Raj Kumar Makkad
(Expert) 21 October 2013
Termination of agreement do not provide the limitation.