Statute of limitations
Jaganath Wala
(Querist) 23 April 2013
This query is : Resolved
Dear All Experts,
Please guide me as to what is the Statute of Limitation for recovery of maintenance charges from a member of cooperative society in Mumbai and also the procedure to do so.
Thanks in advance.
R.K Nanda
(Expert) 23 April 2013
it is 3 years.
Raj Kumar Makkad
(Expert) 23 April 2013
This is purely an academic query needs not to reply.
Jaganath Wala
(Querist) 23 April 2013
Thanks very much Adv. R K Nanda. I appreciate your prompt reply.
Adv. Raj Kumar Makkad, Sir, I do not know what you mean by an academic query needing no reply.
Sirs, my query is genuine and I want to know the answer and also the Section of which Law under which this three years limitation period is mentioned. Please do inform me these details.
Thanks again very much.
Raj Kumar Makkad
(Expert) 23 April 2013
You have not provided the facts of your case leading to raise the query so the query is academic. The legal knowledge can be got derived even from law books and google but we dont provide that knowledge rather try to solve the problem on the basis of interpretation of relevant law.
Jaganath Wala
(Querist) 23 April 2013
My sincere apologies to you, Adv. Raj Kumar Makkad. The facts of my case are: There is a default by me of paying monthly subscription of Cable TV services since I had a'gentleman's agreement' with the Cable Operator who had agreed to provide me with lifelong cable tv services since he had purchased the same from me.
But now due to he doing a volte face and has refused to acknowledge our agreement. So my Society is demanding past due for the last decade along with the interest.
Sir, I trust I have explained my case and you can guide me with your expert advice.
Thanks again.
R.K Nanda
(Expert) 23 April 2013
3 years limitation is as per limitation act.
R.K Nanda
(Expert) 23 April 2013
moreover, ur welcome.
Jaganath Wala
(Querist) 23 April 2013
Thanks Adv Nanda.
Adv Raj Kumar Makkad, Sir I am awaiting your advice, please.
Thanks again
Raj Kumar Makkad
(Expert) 24 April 2013
If agreement is in writing containing the signature of both parties and it had also been acted upon in past then there is no limit of such agreement until it is terminated by both parties as per terms and conditions contained therein.
The period of 3 years has nothing to do in the given facts.
The recovery of past period is nothing but a kind of damages. It has nothing to do with the period rather the actual or proposed loss has to be determined under that suit.
Jaganath Wala
(Querist) 24 April 2013
Adv Raj Kumar Makkad,Sir, thanks very much.
