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2016 Supreme(Del) 1875

ASHUTOSH KUMAR
STATE BANK OF INDIA – Appellant
Versus
KANAHIYA LAL – Respondent


Advocates:
Advocate Appeared:
Mr.Sanjeev Kakra & Mr.Bheem Sais Jais, Advs.
Mr.Manish Bhardwaj, Adv.

JUDGMENT :

ASHUTOSH KUMAR , J.

1. The appellant, State Bank of India, a body corporate constituted under the State Bank of India Act, 1955, having its corporate centre at Mumbai local Head Offices at 11, Parliament Street, New Delhi and having one of its branches at the Stressed Assets Resolution Centre, 23, Najafgarh Road, New Delhi-110015 filed a suit for recovery of Rs.2,42,199.37 from the defendants/respondents.

2. The suit was decreed and the appellant/plaintiff was declared to be entitled to the amount claimed along with interest @10% p.a. from the date of filing of the suit till its realization against defendants/respondents No.1 and 2. The Trial Court awarded the cost of suit also to the appellant/plaintiff.

3. The First Appellate Court vide its judgment dated 23.03.2015 passed in RCA No.81/41/11 reversed the judgment of the Trial Court and dismissed the suit as being barred by law of limitation.

4. The present second appeal is directed against the aforesaid judgment of the First Appellate Court. The substantial question of law on which the present second appeal has been admitted is as to what would be the effect of the two letters written by the defendant/respondents dated











































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