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DELHI HIGH COURT
VIBHU BAKHRU, AMIT MAHAJAN
Rakman Industries Limited – Appellant
Versus
Sumaja Electro Infra Private Ltd. – Respondent
| Table of Content |
|---|
| 1. appeal against commercial court decree. (Para 1 , 2 , 3 , 4) |
| 2. limitation defense raised by defendant. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. plaintiff's claims regarding cause of action. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. analysis of evidence and admissibility. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. requirements for additional evidence under cpc. (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 6. ruling on limitation issues. (Para 30 , 31 , 33 , 34) |
| 7. outcome of the appeal and decree. (Para 35) |
| 8. final order of releasing deposited amount. (Para 36) |
JUDGMENT
Amit Mahajan, J.
1. The present appeal is filed challenging the judgment and decree dated 30.01.2021 (hereafter `impugned judgment and decree') passed by learned Commercial Court, Shahdara in Civil Suit (Comm) No. 206/2019 titled as M/s Sumaja Electro Infra Private Limited v/s M/s Rakman Industries Limited.
2. The learned Commercial Court, by way of impugned judgment and decree dated 30.01.2021 decreed the suit in favour of plaintiff (respondent herein) for an amount of Rs.22,46,172/-along with pendente-lite and future interest at the rate of 18% per annum from the date of filing of the case till the realisation of the amount
The acknowledgment of debt in communications does not extend the limitation period for filing a suit unless it resets the cause of action according to the Limitation Act.
Unilateral invoice without acknowledgment does not extend limitation for contract payment claims; warranty period does not postpone cause of action.
Point of Law : Arbitration - Since the claimant in this case has invoked section 60 of the Indian Contract Act, 1872, section 61 of the Indian Contract Act cannot be invoked.
In contractual disputes, pre-existing communications and legal proceedings can extend the limitation period, while evidence must be assessed on the preponderance of probabilities rather than strict s....
Limitation periods cannot be extended by mere correspondence; cause of action arises once payments are due, independent of certifications or reminders.
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