DELHI HIGH COURT
RAJIV SAHAI ENDLAW
Balbir Rajput – Appellant
Versus
R.P. Exports – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim for recovery initiated. (Para 1) |
| 2. process of filing written statement and timeline recorded. (Para 2 , 3 , 4) |
| 3. details of the agreement and payments documented. (Para 5) |
| 4. suit's timeline and claim acknowledged; referral of limitation argument. (Para 6 , 8) |
| 5. counsel argues for clause in limitation act acknowledgment. (Para 7) |
| 6. examination of loan documents and independent transactions. (Para 9 , 11) |
| 7. acknowledgment of liability analyzed; no admissible admission found. (Para 12 , 13) |
| 8. court's interpretation favors existence of liability acknowledgment. (Para 14 , 15) |
| 9. defendants' denial of liability noted; no acknowledgment found. (Para 16 , 17) |
| 10. decision on timeliness of claim; suit dismissed. (Para 18 , 19 , 20) |
JUDGMENT
1. The plaintiff has instituted this suit for recovery of Rs.1,99,12,000/- jointly and severally from defendant No.1 R.P. Exports and its partners defendant No.2 Rekha Kushwaha and defendant No.3 Jatan Kumar.
2. The suit came up first before this Court on 5th February, 2018, when summons thereof were ordered to be issued and in response whereto, the defendants appeared through counsel. The order dated 13th November,
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