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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, AMIT MAHAJAN
Federal Bank Ltd. – Appellant
Versus
B.M. Bajaj through LRs – Respondent
| Table of Content |
|---|
| 1. factual background of loan and defaults (Para 4 , 5 , 6 , 7 , 10) |
| 2. arguments challenging dismissal on limitation (Para 16) |
| 3. analysis of limitation and part payments (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. evidentiary value of statement of account (Para 30 , 31 , 32 , 33 , 34) |
| 5. legal heirs' liability and procedural defects (Para 36 , 37 , 38 , 39 , 40) |
| 6. authorization of representatives in court (Para 41 , 42 , 43) |
| 7. final judgement on errors and findings (Para 45 , 46 , 47 , 48) |
| 8. ordering of appeal and consequences (Para 49 , 50 , 51 , 52 , 53 , 54) |
JUDGMENT :
ANIL KSHETARPAL, J.
1. The present Appeal, filed by the Appellant, assails the correctness of the judgment and decree dated 13.02.2023 [hereinafter referred to as ‘Impugned Order’] passed by the learned Commercial Court in CS(COMM) No. 349/2021, whereby the suit filed by the Appellant for recovery of Rs.10,91,115/- along with interest came to be dismissed.
2. The Respondents, despite service, neither entered appearance before the learned Commercial Court nor filed their written statement and were accordingly proceeded ex-parte. Even before this Court, none has entered appearance on the
The court held that part-payments within the limitation period extend the limitation timeframe, and the suit was improperly dismissed as time-barred, affirming that legal heirs are liable only to the....
The delay in filing an appeal is not condoned when insufficient diligence is shown, and limitation is calculated based on the last payment, confirming the applicability of Articles 1 and 113 of the L....
An acknowledgment of debt must be in writing and signed to extend the limitation period; unsigned entries are legally insufficient.
(1) Preliminary issue – When issues of both law and facts arise in same suit, Court may dispose suit by trying issue of law first.(2) Money suit – Issue as to whether claim of appellant is barred by ....
Debt acknowledgement in balance sheets and letters by corporate debtor extends limitation for Section 7 application beyond date of default and NPA, even post Covid exclusion; debtor cannot invalidate....
The court established that the limitation period for recovery of loans starts from the date of the loan agreement, with the first day excluded in the computation.
The court clarified conditions for a reciprocal, mutual account under the Limitation Act, excluding claims due to lack of independent obligations among parties.
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