9911796707
TMI Blog2018 (11) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, the respondent executed a promissory note for Rs. 50 lakhs as well as handed over post dated cheque dated 13.09.2008 for the aforesaid amount of Rs. 50 lakhs. The respondent also handed over a cheque dated 14.06.2008 for a sum of Rs. 1,76,202/- towards the interest of the aforesaid amount for the said period after deducting TDS. Prior to the due date, on 10.09.2008 the respondent again approached the petitioner seeking extension of time for repayment of the aforesaid amount by two months. A fresh PDC dated 12.11.2008 for the principal amount i.e. Rs. 50 lakhs was issued. Another cheque dated 11.09.2008 for Rs. 1,17,468/- for further interest after deducting TDS was also issued. Again four days prior to the expiry of the said pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tinued to default, the petitioner sent a legal notice on 14.08.2015. It is pleaded that despite receipt of the legal notice, the respondent did not respond to the legal notice or pay the dues of the petitioner. 4. The respondent have filed their reply. In the reply the respondent have denied that they despatched any balance confirmation to the petitioner. It has also been stated that the person who has allegedly signed the balance confirmation, namely, Ms. Shruti Gaur has nothing to do with the respondent Company. It has also been pleaded that the claim of the petitioner is barred by limitation. Reliance is placed on the judgment of the Division Bench of this court in Interactive Media and Communication Solution Pvt. Ltd. vs. Go Airlines L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hs was paid towards the principal amount to the petitioner leaving a balance of Rs. 5 lakhs. 9. The bone of contention between the parties is the communication dated 04.03.2013 alleged to have been sent by the respondent to the petitioner. The covering letter is on the letter head of the respondent and the covering letter is also signed by Ms.Shruti Gaur with a stamp of the respondent duly affixed on the same. The ledger accounts including ledger account for the period 01.04.2012 till 31.03.2013 also have the stamp affixed on the statement of accounts and the initials of Ms.Shruti Gaur, showing the balance amount payable to the petitioner as Rs. 7,29,905/-. 10. A perusal of the reply filed by the respondent would show that other than deny ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We shall now notice some relevant decisions. The Privy Council in Murugesam Pillai v. Gnana Sambandha Pandara Sannadhi MANU/PR/0053/1916 : AIR 1917 PC 6 observed: "A practice has grown up in Indian procedure of those in possession of important documents or information lying by, trusting to the abstract doctrine of the onus of proof, and failing, accordingly, to furnish to the Courts the best material for its decision. With regard to third parties this may be right enough-they have no responsibility for the conduct of the suit; but with regard to the parties to the suit it is in their Lordships' opinion, an inversion of sound practice for those desiring to rely upon a certain state of facts to withhold from the Court the written eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed. (2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received 17. It is a settled legal position of law that entries in the balance sheet of a company extend the period of limitation under section 18 of the Limitation Act. (see Shahi Exports Pvt. Ltd. & ..... X X X X Extracts X X X X X X X X Extracts X X X X
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