Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Quality Automotive Components – Appellant
Versus
Star Rubber And Chemicals – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The instant Regular Second Appeal (for short to be referred as “RSA”) has been instituted by the appellants-respondents to impugn the judgment and decree dated 24.09.2025 rendered by the learned Additional District Faridabad, whereby the findings of the learned Trial Court were unequivocally affirmed. The trial Court, vide its judgment and decree dated 23.01.2019 passed by the learned learned Additional Civil Judge (Senior Division), Faridabad had decreed the suit with costs instituted by the respondent/plaintiff seeking decree for recovery of Rs.7,84,947/-. The appellants now challenges the concurrent findings of both Courts below as being legally unsustainable and factually erroneous.
2. The foundational facts, as culled from the plaint, may be delineated thus:-
“The plaintiff, a proprietorship concern having its registered office at NIT, Faridabad, is represented through its sole proprietor, Sh. Kundan Verma, who is duly competent to institute the present proceedings. The plaintiff is engaged in the business of trading rubber, chemical components, and allied materials. Defendant No. 2, being the proprietor of Defendant No. 1, had been procuring ru
Admissions made by the defendant in the written statement can affirm the plaintiff's claim, rendering substantial questions of law irrelevant.
The court established that the dishonor of cheques and subsequent notice can affect the limitation period for filing a recovery suit under the Limitation Act.
The absence of certification under Section 65B of the Indian Evidence Act, 1872, does not render computer-generated ledger accounts inadmissible, and the non-examination of the person who made entrie....
The court ruled it lacked jurisdiction over the case and returned the plaint for re-filing in the appropriate venue.
The court clarified conditions for a reciprocal, mutual account under the Limitation Act, excluding claims due to lack of independent obligations among parties.
Court upheld the trial court's ruling on limitation and interest, emphasizing ongoing commercial transactions while invalidating the claim for hand loan.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
