Suit
minsal
(Querist) 06 April 2013
This query is : Resolved
Sir/s,
a person in the year 2008 supplied some stationery to a school. after getting the delivery the school delaying the payment on one pretext to the another. after lots of phone calls and reminders the school made part payment. then in the year 2010, the supplier written a letter and demanded the remain amount. many correspondence exchanged between the supplier and the school management. till the date the school management not denied the payment but every time they demanding time for payment of due amount.
now the supplier wants to file a suit for recovery of his amount. can he file the suit for the goods supplied in the year 2008?
on the basis of correspondence /letters exchanged between the supplier and school management can supplier file a summary suit for recovery of the amount?
Thabks in advance.
prabhakar singh
(Expert) 06 April 2013
To know exact answer you need to tell the date as well as the mode of payment in the year 2010.If it was a cheque payment that too some time after or on 6th april 2010,you can file suit latest by monday.The correspondences admitting dues and promising to pay also amount to acknowledgement but they need to be examined before speaking anything about them.
Raj Kumar Makkad
(Expert) 06 April 2013
After reading your query, it has come to know that the management never refused your debt rather got it confirmed but sought time to make payment so the loan/arrears amount has been revalidated till day. You can file suit for recovery within 3 years from the last day of confirmation of balance amount.
The suit is within limitation even on today.
Adv. Chandrasekhar
(Expert) 07 April 2013
3 years from the date of the last communication of the school management, where they accepted the liability of proposed suit amount.
Sudhir Kumar, Advocate
(Expert) 07 April 2013
if you have evidence of their acknowledging liability then your limitation of three years will start from last acknowledgement.
minsal
(Querist) 08 April 2013
Dear Experts,
Thank you very much for your valuable advise.
