Sat. Jan 23rd, 2021

Kotak Mahindra Bank Ltd. vs Anuj Kumar Tyagi on 17 December, 2015

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Advocates who appeared in this case:
For the Petitioner: Ms P. Rungta and Mr. Prashant Singh, Advocates.
For the Respondent:
CORAM:
HON’BLE MR. JUSTICE RAJIV SHAKDHER

RAJIV SHAKDHER, J
1 This is an appeal preferred against the judgment and decree dated
16.09.2013, passed by the learned Additional District Judge (In short the
ADJ). By virtue of the impugned judgement, the appellant‟s suit for
recovery has been dismissed on the sole ground that it is barred by
limitation.
1.1 The learned ADJ has come to this conclusion based on a perusal of
the statement of accounts (Ex. PW1/9) filed by the appellant, which is dated
31.10.2009. As per the said statement of account, the last transaction with
the respondent took place on 11.08.2008. The learned ADJ thus, concluded,
that since, the suit was filed on 20.07.2012, it was “hopelessly” barred by
limitation.

Source: Indian Kanoon

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