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anuradha goyal (member)     28 September 2012

Limitation

Sir

    I have certain invoices of 2008 year. So recovery suit is beyond limitation.However defendant have issued  two cheques as a part payment of nov. 2009. Can I file recovery suit on the basis of these cheques.

Regards

Anuradha Goyal



Learning

 5 Replies

A.SUMATHY 9380902017 (LAWYER)     28 September 2012

Limitation start from date of last transaction .i.e. 3 years from the date of cheque

anuradha goyal (member)     28 September 2012

Any Supreme court judgement .The cheque was not presented to its banker by the plaintiff. Its just a receipt

rahul (director)     28 September 2012

when you got ch in nov 2009.. then why not you bank  those ch in nov 2009?

 

i think,, even if dependent issued ch in nov 2009... that means it is admitted laibility..

you can file civil suit before nov 2012..

and the second limb of argument is.. if ch is given in nov 2009.. then mean in FY 2009-2010 ( 31 march 2010)

then 3y limitation will be 31 march 2013..

 

 

 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 September 2012

Since a cheque is a signed acknowledgment of debt - it works as acknowledgment - you are advised to read S.19-21 of Limitation Act in this regard. 

A.SUMATHY 9380902017 (LAWYER)     29 September 2012

dont take risk file civil suit before nov.2012, lot of supreme court and chennai high court citation available go and meet your lawyer. 


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