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VIKRAM NATH, PRASANNA B. VARALE
New Mangalore Port Trust – Appellant
Versus
Clifford D Souza – Respondent
JUDGMENT :
VIKRAM NATH, J.
1. The appellants New Mangalore Port Trust1 [NMPT] has assailed the correctness of the judgment and order dated 22.11.2019 passed by the High Court of Karnataka at Bengaluru dismissing a bunch of writ petitions preferred by NMPT assailing the correctness of the judgment and order dated 15.03.2017 passed by the District Judge allowing the appeal of the respondents and quashing the order of the Estate Officer of NMPT raising demand against the respondents.
2. The facts in brief relevant for proper adjudication of these appeals are summarised hereunder:
2.2. Allotment to the respondent for the licensees had been made in the year 2003. By notification dated 20.06.2005 licence fee was revised w.e.f. February, 2002. Thereafter, the next revision was notified on 23.07.2010 approving the revision of licence fee w.e.f. 20.02.2007 again for a period of five years.
2.3. Pursuant to the said revision, demand was raised for real
Rent – Demand notice – Where liability is acknowledged in respect of any property or right, a fresh limitation may be computed from the time when acknowledgment was so signed.
The court clarified that acknowledgment of liability under Section 18 of the Limitation Act does not extend the limitation period unless explicitly stated, and review is not a substitute for appeal.
Initiation of Corporate Insolvency Resolution Process - Balance sheet acknowledging debt is also a document relevant for calculating limitation.
(1) Acknowledgement of liability that is made in a balance sheet can amount to an acknowledgement of debt. Though filing of a balance sheet is by compulsion of law, acknowledgement of a debt is not n....
An acknowledgment of liability can extend the limitation period for claims; communications indicating a debt recognition are crucial in determining time-barred status under the Limitation Act.
The endorsements made in the promissory notes extended the limitation period, making the suit maintainable.
A cause of action based on an approved bill resets limitation; rejection of plaint under Rule 11 is unwarranted where factual disputes exist.
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