Bombay High Court
CIVIL APPEAL 272 of 2007 on 15 February 2003
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO. 272 OF 2007
INSUMMARY SUIT NO. 2262 OF 2006
M/s. Bharati Enterprises
Vs.
Greenfields Rocksend CHS Ltd.
...Plaintiff.
...Defendant.
Mr. S.S. Redij for the Plaintiff.Mr. Dipen Furia i/by M/s. Niranjan & Co. for the Defendant.
CORAM :- ANOOP V. MOHTA, J.DATED :- 4[th] November, 2009.
P.C.-
1The plaintiff has taken out the present proceeding under Order 37 Rule 2 of the Code of Civil Procedure (for short, CPC), basically on the ground of non-payment of amount by the defendant for the period from 10[th] July, 2001 to 25[th] July, 2001. The basic reliance is placed on the notice issued by Defendant No.1 dated 15/02/2003 and treated the same as an acknowledgment for filing present suit on 30[th] January, 2006. The said notice dated 15/02/2003 nowhere acknowledge the crystallized liability. Only assurance was given to consider the claim subject to documentation and record.
2Considering the scope and purpose of order 37 Rule 2 of the CPC, unless the amount is crystallized, the same cannot be treated as acknowledgment or admitted amount as contemplated under the provisions of law of limitation.
3In view of this, I am of the view that the suit itself is beyond limitation. It is dismissed on this ground alone.
4The Summons for Judgment is also dismissed accordingly.
(ANOOP V. MOHTA, J.)