Limitation act

ASHWANI GAGNEJA (Querist) 19 May 2016 This query is : Resolved
Dear Sirs,

We had supplied material to a Company based in Delhi / Gurgaon in app. 12 lots.But 2 of the Invoices were not signed by them. About a dozen times Statement of Account was sent to them, but there was no reply. Neither they accepted nor denied it. If the last Invoice is not taken into account, the case becomes time-barred. Please suggest since they have not denied the statement, will the court accept the last Invoice.

Thanks & Regards

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r.sathyanarayanan (Expert) 19 May 2016
Madam,
Limitation has to be calculated for each invoice according to its date.three years from the date of invoice.

J K Agrawal (Expert) 20 May 2016
If all the invoice are part of a single transaction then the last invoice continues the Limitation. you are at big risk but just file a suit.

P. Venu (Expert) 20 May 2016
When the material has been duly received, absence of signature on the invoice cannot be of much significance.

Prakash Ramchandani (Expert) 20 May 2016
limtation acts applied , i agree with all the above experts, but there are closes were limtations act can be waived n the court consider the request,,, but you require experts advice over there or can contact us accordingly

Rajendra K Goyal (Expert) 20 May 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Jurisidiction-act-599651.asp#.Vz6yvvl97IU

http://www.lawyersclubindia.com/experts/Limitation-598656.asp#.Vz6yvfl97IU

http://www.lawyersclubindia.com/experts/Jurisidiction--598651.asp#.Vz6ywfl97IU