Calcutta High Court
Herald Commerce Limited vs Sidharth Lakhotia on 19 June, 2024
OD-10
IN THE HIGH COURT AT CALCUTTA
ORIDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO. GA/2/2024
In CS/111/2023
HERALD COMMERCE LIMITED
Vs
SIDHARTH LAKHOTIA
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: 19th June, 2024.
Appearance:
Mr. Debnath Mahata, Adv.
...for plaintiff.
Mr. Ejaz Khan, Adv.
Mr. D. Das, Adv.
Mr. Pradip Kr. De, Adv.
Mr. Amanya Adhikary, Adv.
...for respondents.
The Court :- Mr. Debnath Mahata appearing for the plaintiff. Mr. Ejaz
Khan appearing for the defendant.
The defendant has filed the present application being GA/2/2024 for
rejection of the plaint on the ground of limitation. The plaintiff has filed a suit
against the defendant praying for a decree for recovery of an amount of
Rs.3,75,23,600/-. As per the books of accounts of the plaintiff company as on 1 st
April, 2000 an amount of Rs. 3,76,23,600/- was due and payable by the
defendant to the plaintiff.
On 18th February, 2009, the defendant has made a part payment of Rs. 1
lakh out of the total amount of Rs.3,76,23,600/- by leaving the balance amount
of Rs.3,75,23,600/-. Thereafter the defendant has not paid any amount which is
due and payable by the defendant. Accordingly, the plaintiff has made several
representations to the defendant for payment of the said amount but inspite of
receipt of the said amount neither the defendant has paid the said amount nor
had sent any reply to the said notice. Counsel for the plaintiff submits that the
other than the amount of Rs.1 lakh on 18th February, 2009, the defendant has
not paid any further amount which is due and payable to the plaintiff. The
plaintiff on 13th December, 2021 again requested the defendant for repayment
the loan amount but inspite of the said notice the defendant has neither return
the amount nor had sent any reply. The plaintiff company has taken a resolution
for initiation of the suit, accordingly the plaintiff has filed the present suit.
Per contra learned Counsel for the defendant submits that as per the
case of the plaintiff as on 1st April, 2000 an amount of Rs.3,76,23,600/- was due
and payable by the defendant to the plaintiff and thereafter on 18 th February,
2009, the defendant has paid only an amount of Rs.1 lakh leaving the balance of
Rs.3,75,23,600/-.
Counsel for the defendant submits that the plaintiff has filed the present
suit in the month of June 2021 i.e after the period of 14 years of the last
payment made on 18th February, 2009 and thus the suit is hopelessly barred by
limitation. Counsel for the defendant further submits that merely making the
representation will not serve the purpose to condone the delay for filing of the
suit. He submits that the plaintiff in the plaint itself has admitted the last
payment was made only on 18th February, 2009 and subsequently though the
plaintiff has made several representation to the defendant for return of the
amount but the defendant has neither paid the amount not sent any reply. The
defendant submits that from the face of record shows that the suit filed by the
plaintiff is barred by limitation. The defendant has relied upon the judgment
reported in 2012 SCC online Delhi 5465 (Karur vs. The Chairman & ors.) and
submitted that it is settled law that parlays between the parties cannot treated as
a substitute for invoking legal remedies and nor can such correspondence
enlarge the period of limitation for instituting appropriate legal proceeding. He
submits that it has been held in the catena of judgments that the starting point
of limitation shall remain unaffected by the conduct of the parties or by
correspondence exchange between them and that mere attempt on the part of the
litigant to persuade the authorities to accede to his claim by dispatching letter
may not be ground for claiming extension of limitation for institution of suit.
In the present case also the amount due and payable as on 1 st April,
2000 but out of the total amount the defendant has paid 1 lakh rupees on 18 th
February, 2009 but the plaintiff has filed the suit only on in the month of June,
2023 which is afterabout 14 years from the last payment is made. The plaintiff
has made out the case that the plaintiff has made several representations lastly
on 13.12.2021. It is settled law by making the representation will not extend the
period of limitation for filing a suit as prescribed in law. In the present suit, the
plaintiff has prayed for recovery of an amount and as per law the suit is to be
filed within three years from the date of the cause of action. The last payment
was made on 18th February, 2009 and the suit was filed in the month of June,
2023 from the face of record itself the suit filed by the plaintiff is barred by
limitation and accordingly, GA/2/2024 is allowed. CS/111/2023 is dismissed,
decree be drawn accordingly.
(KRISHNA RAO, J.)
SK.
