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Dated : June 05, 2020

Article 113 of Limitation Act- three years for filing suit- Supreme Court


Article 113 of Limitation Act, 1963- Right to Sue - three years to be counted from which date- Supreme Court 

The apex court in the case of Shakti Bhog Industries Ltd Vs Central Bank of India on 5/6/20 in Civil Appeal No 2514 of 2020 was considering appeal where the appellant herein had challenged charging of commission by the bank at wrong rates during the period from 1/4/97 to 31/12/2000 and had filed a suit on 23/2/2005. It was contended by the bank that the said suit was barred by Limitation under Article 113 of the Limitation Act, 1963 since more than three years had passed from the date 31/12/2000. The apex court noted that prior to filing the suit, the appellant herein had made several correspondence with the bank and the last such correspondence was made in the year 2003 and thus taking the same into account, the suit was filed well within the limitation period of three years as prescribed. The court also noted the language in Article 113 which reads as when the right to sue accrues and interpreted this to mean as the last of the day on which the cause of action arose. On these facts the suit was allowed to be considered by trial court on the basis of this interpretation of limitation.

This is an important judgement which will be helpful in all cases where the limitation is applied for recovery of money.

Shakti Bhog Industries Limited Vs Central Bank of India Download PDF

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