w w w . L a w y e r S e r v i c e s . i n



Ashok Arora v/s Dr. Nitin Misra & Others


Company & Directors' Information:- ASHOK AND CO INDIA PVT LTD [Active] CIN = U15549AS1992PTC003756

Company & Directors' Information:- ASHOK AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1986PTC024382

Company & Directors' Information:- ARORA & CO PVT LTD [Strike Off] CIN = U51909WB1941PTC010395

Company & Directors' Information:- NITIN AND CO PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059789

    RFA. No. 367 of 2017

    Decided On, 18 July 2018

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE VALMIKI J. MEHTA

    For the Appellant: Tushar Singh, Advocate. For the Respondents: -----------



Judgment Text

Oral:

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the Trial Court dated 24.8.2016 whereby trial court has dismissed the suit as barred by limitation.

2. The facts of the case are that the appellant/plaintiff claimed that he supplied/sold a Light B Laser Machine to the respondents/defendants. This machine was sold to the respondents/defendants as per the invoice dated 26.8.2005. The machine was installed at the place of the respondents/defendants at Pathankot on 27.1.2006. The appellant/plaintiff claims that invoice was of Rs.14,30,000/- of which only an amount of Rs.9 lacs was paid and therefore for the balance amount of Rs.5.30 lacs with interest the subject suit for recovery of Rs.18,45,000/- was filed. Interest is claimed in the suit at 11% from 27.1.2007. Part of the suit amount claimed, being a sum of Rs. 12 lacs, is the claim of the cost of a standby machine supplied.

3. The subject suit has been admittedly filed on 11.8.2016. In my opinion, once the sale was made and invoice drawn on 26.8.2005 and installation done in January, 2006, and that out of the total invoice of Rs.14,30,000/- , Rs.9 lacs was received upto 28.8.2006, then the suit for recovery of money had to be filed within three years from 27.1.2006 if not from the date of invoice of 26.8.2005. The suit which is filed on 11.8.2016 is therefore hopelessly barred by limitation and has been rightly dismissed as timebarred by the trial court.

4(i) Learned counsel for the appellant/plaintiff argues that the appellant/plaintiff had supplied a standby machine costing Rs.12 lacs to the defendants on 14.12.2006 but the same has not been returned and therefore the appellant/plaintiff has claimed a total sum of Rs.18.45 lacs with the sum of Rs.12 lacs being towards the standby/additionally supplied machine, and the balance payable on the earlier machine supplied as also interest @ 11% per annum from 27.1.2007, and therefore, it is argued that suit is within limitation.

(ii) I cannot agree with this argument urged by appellant/plaintiff because even assuming there was entitlement of the appellant/plaintiff to claim the price of the standby machine till 14.12.2006, the cause of action would have arisen on 14.12.2006 or definitely within a year or two when the standby machine was not returned. In any case, the complaint before the District Consumer Disputes Redressal Forum was filed by the respondents/defendants on 30.1.2008, and therefore by 30.1.2008 it became clear to the appellant/plaintiff that respondents/defendants would not be returning even the standby unit. The District Consumer Disputes Redressal Forum case in any case was dismissed on 16.3.2011. The present suit is not filed either within three years of filing of the consumer complaint by the respondents/defendants in the year 2008 or its dismissal on 16.3.2011, and when it had become clear to the appellant/plaintiff that even the standby unit is not being returned, and therefore the subject suit filed on 11.8.2016 was therefore definitely barred by time.

5. It is also to be noted that there does not arise any issue of application of Section 14 of the Limitation Act, 1963 for giving any benefit to the appellant/plaintiff inasmuch as there was no claim of recovery of money filed by the appellant/plaintiff in the District Disputes Redressal Forum case which was filed by the respondents/defendants alleging that defective machine was supplied by the appellant/plaintiff. It is conceded before this Court that in the reply filed by the appellant/plaintiff in District Disputes Redressal Forum case of the respondents/defendants, there is no money decree which was prayed to be passed or that the District Disputes

Please Login To View The Full Judgment!

Redressal Forum had held that it was not the proper court to pass a money decree in favour of the present appellant and against the present respondents. It is therefore held that appellant/plaintiff cannot take benefit of the period of time spent in the proceeding before the State Consumer Disputes Redressal Forum from 2.9.2011 to 22.11.2013. 6. In view of the above there is no merit in the appeal. Dismissed.
O R







Judgements of Similar Parties

29-06-2020 Union Bank of India, Punjab Versus Usha Arora & Another National Consumer Disputes Redressal Commission NCDRC
25-06-2020 Sunil @ Sunil Ashok Gadivaddar Versus State of Karnataka, Rep. by SPP, Bengaluru High Court of Karnataka
25-06-2020 C/M Ashok Vidyalaya & Another Versus State of U.P. & Another High Court of Judicature at Allahabad
23-06-2020 M/s. Jain Textiles, Ashok Jain Versus United India Insurance Company Ltd. National Consumer Disputes Redressal Commission NCDRC
22-06-2020 Ashok Sharma Versus State of Assam & Another High Court of Gauhati
19-06-2020 Nitin Kumar Versus The State by SHO Jagalur Police Station, Reptd. by S.P.P & Another High Court of Karnataka
18-06-2020 Shashi Malhotra Versus Ashok Kumar National Consumer Disputes Redressal Commission NCDRC
15-06-2020 Nitin Verma Versus Government of NCT of Delhi & Another High Court of Delhi
08-06-2020 Ashok Kumar & Others Versus Ramesh Chand & Another High Court of Himachal Pradesh
08-06-2020 Kavi Arora Versus State High Court of Delhi
02-06-2020 Harsh Nitin Gokhale Versus Reserve Bank of India & Others Supreme Court of India
26-05-2020 Sharanbasappa Versus The State through Ashok Nagar P.S., Represented by Addl. SPP High Court of Karnataka Circuit Bench OF Kalaburagi
20-05-2020 Mohit Kumar & Another Versus Ashok Kumar Tiwari & Others High Court of Chhattisgarh
15-05-2020 Nitin Khimjibhai Goswami Versus State of Gujarat High Court of Gujarat At Ahmedabad
23-03-2020 K. Anandhan Versus S. Ashok Kumar & Another High Court of Judicature at Madras
12-03-2020 Nitin Kumar Jain Versus Union of India, Through, Human Resources Development, Department of School Education & Literacy, New Delhi & Others Central Administrative Tribunal Principal Bench New Delhi
10-03-2020 Ashok Kumar Versus The Intelligence Officer, Narcotics Control Bureau, South Zonal Unit, Chennai – 90 High Court of Judicature at Madras
06-03-2020 South Eastern Coalfields Limited Versus Ashok Kumar Thakur High Court of Chhattisgarh
04-03-2020 Ashok Kumar Sharma Versus Nirmaldas Manikpuri High Court of Chhattisgarh
04-03-2020 Ankit Ashok Jalan Versus Union of India & Others Supreme Court of India
03-03-2020 Ashok Kumar Gupta & Another Versus M/s. Sitalaxmi Sahuwala Medical Trust & Others Supreme Court of India
02-03-2020 Nitin Jain & Others Versus State & Another High Court of Delhi
28-02-2020 Ashok Chandra Tamta Versus State of Uttarakhand & Others High Court of Uttarakhand
28-02-2020 Ashok Kumar Gupta (Died) Versus Gauri Bagchi High Court of Chhattisgarh
28-02-2020 M/s. Satguru Oxygen Company Versus Ashok Dutta High Court of Chhattisgarh
26-02-2020 The State of Maharashtra (Through Shahapur Police Station) Versus Ashok @ Ramchandra Bhikaji Wagh & Others High Court of Judicature at Bombay
25-02-2020 Nitin Ramesh Khedekar Versus The State of Maharashtra, Through the Secretary, School Education Department, Mantralaya & Others High Court of Judicature at Bombay
25-02-2020 The State of Maharashtra Versus Ashok Kantilal Gandhi Vendor & Prop. of M/s Gunjan Traders High Court of Judicature at Bombay
25-02-2020 Pulakhanadam Phani Raja Kumari Versus M/s Aliens Developers Pvt. Ltd., Reptd. by its Managing Director Sri N. Ashok Kumar & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
19-02-2020 Ashok Misra & Others Versus State of U.P. High Court of Judicature at Allahabad
18-02-2020 Assistant Director, Enforcement Directorate Versus Ashok Ramchander Chugani & Another Supreme Court of India
17-02-2020 Ashok Chand Kothari Versus Alpna & Another High Court of Madhya Pradesh
17-02-2020 R. Jayavelu Versus R. Ashok & Others High Court of Judicature at Madras
13-02-2020 Rambabu Singh Thakur Versus Sunil Arora & Others Supreme Court of India
13-02-2020 Shanta Chatterjee @ Shanta Ashok Versus Avijit Chatterjee (since deceased) & Others High Court of Judicature at Bombay
13-02-2020 Nitin Aggarwal Versus M/s. Imperia Structures Limited Delhi State Consumer Disputes Redressal Commission New Delhi
13-02-2020 Ashok Alias Gore Lal Veruss State of U.P. High Court of Judicature at Allahabad
10-02-2020 United Bank of India V/S Ashok Kumar Kalra and Others. Debts Recovery Tribunal Delhi
10-02-2020 The State of Maharashtra Versus Ashok Suresh Laxman Babar Sainagar Zopadpatti & Others High Court of Judicature at Bombay
06-02-2020 Nitin Sharma Versus State (Govt. of Nct of Delhi) High Court of Delhi
04-02-2020 Jaswin Arora Versus Harmeet Singh Sood & Others High Court of Delhi
04-02-2020 Dr. Ashok & Another Versus The State of Maharashtra & Another In the High Court of Bombay at Nagpur
03-02-2020 C. Ashok Kumar Versus Santhammal & Others High Court of Judicature at Madras
30-01-2020 Ashok Versus State of Tamilnadu, Rep. by the Sub Inspector of Police, Ethamozhi Police Station, Kanyakumari Before the Madurai Bench of Madras High Court
30-01-2020 Ashok Kumar Agarwal Versus B. Balraj Goud & Others High Court of for the State of Telangana
29-01-2020 Meerut Developemnt Authority Through Secretary, Meerut U.P. Versus Virendra Kumar Arora National Consumer Disputes Redressal Commission NCDRC
24-01-2020 Sara Ashok & Another Versus All concerned High Court of for the State of Telangana
24-01-2020 Manokamini Devi Versus Ashok Kumar High Court Of Judicature At Allahabad Lucknow Bench
24-01-2020 Ramadugu Omkar Varma Versus Ashok Naik High Court of for the State of Telangana
24-01-2020 Ashok Leyland Limited, Guindy, Authorised Signatory D.Santhi Versus Captain Tractors Private Limited, Gujarat High Court of Judicature at Madras
24-01-2020 H. Ashok Versus H. Suresh & Others High Court of Judicature at Madras
17-01-2020 Wasudeo & Another Versus Ashok In the High Court of Bombay at Nagpur
14-01-2020 Ashok Kumar Tiwari Versus State Of U.P. & Others High Court of Judicature at Allahabad
10-01-2020 Foreign Postal Department & Others Versus Ashok Aggrawal National Consumer Disputes Redressal Commission NCDRC
06-01-2020 Ashok Kumar Versus The Director, Banarsidas Chandiwala Institute of Professional Studies & Another High Court of Delhi
06-01-2020 Rajasthan State Road Transport Corporation & Others Versus Ashok Kumar National Consumer Disputes Redressal Commission NCDRC
04-01-2020 Saroj Ashok Sontakke Versus Isaac Baburao Manwatkar & Others In the High Court of Bombay at Nagpur
02-01-2020 M/s. Fibroplast Marine Private Limited, A duly incorporated Company under the Companies Act, 1956, Registered office at Goa, Represented by its Director & Authorized Signatory Raghav Narula Versus M/s. Ashok Leyland Limited, A duly incorporated Company under the Companies Act, 1956, Registered office at Guindy, Represented by its Authorized Representative High Court of Judicature at Madras
02-01-2020 Canara Bank V/S Nitin Kumar and Others. Debts Recovery Tribunal Delhi
30-12-2019 Ashok Kumar Shaw & Others Versus Kolkata Municipal Corporation & Others High Court of Judicature at Calcutta
19-12-2019 The State of Maharashtra Versus Ashok Tukaram Sawant & Others High Court of Judicature at Bombay
19-12-2019 Gurukul Shikshan Prasarak Mandal, (through its Secretary/Chairman) & Others Versus Sharda Ashok Suryagandh & Others High Court of Judicature at Bombay
18-12-2019 Gurudatta Infrastructures, Through its duly Authorized Person Sanjay Ashok Rode Versus The State of Maharashtra & Others In the High Court of Bombay at Aurangabad
13-12-2019 Ashok Yadav Versus State of MP & Others High Court of Madhya Pradesh
11-12-2019 Kasireddy Ashok Kumar Reddy Versus State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department & Others High Court of Andhra Pradesh
11-12-2019 D.R. College of Engg. & Technology, College Campus at V&PO Kakoda Versus Nitin Parashar Delhi State Consumer Disputes Redressal Commission New Delhi
06-12-2019 Ashok Kumar Khatri & Another Versus ABS Land Development & Construction Pvt. Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
29-11-2019 Birla Sun Life Insurance Company Ltd. & Another Versus Ashok Kumar Kuthiala Himachal Pradesh State Consumer Disputes Redressal Commission Shimla
27-11-2019 M.K. Manikandan Versus Ashok Kumar High Court of Judicature at Madras
26-11-2019 Nitin Bhimabhai Patel Versus Union Territory of Daman & Diu Through the Public Prosecutor & Another High Court of Judicature at Bombay
25-11-2019 C. Ashok Kumar Versus The Presiding Officer, II Additional Labour Court, Chennai & Another High Court of Judicature at Madras
25-11-2019 Kapilaben & Others Versus Ashok Kumar Jayantilal Sheth Through POA Gopalbhai Madhusudan Patel & Others Supreme Court of India
25-11-2019 Ashok Versus Sunita Sanjay Pawade In the High Court of Bombay at Nagpur
22-11-2019 Union Bank of India, Punjab Versus Surinder Kumar Arora & Another National Consumer Disputes Redressal Commission NCDRC
22-11-2019 Union of India Through Joint Secretary (COFEPOSA), Ministry of Finance, New Delhi Versus Ankit Ashok Jalan Supreme Court of India
21-11-2019 M/s. Jai Mahavir Textiles, Rep. by its Proprietor, Ashok Kumar Nahar Versus The Manager, Karur Vysya Bank, Chennai & Another High Court of Judicature at Madras
21-11-2019 T. Rangarajan Versus Ashok Leyland Limited rep.by its Plant Director, Ennore, Chennai & Another High Court of Judicature at Madras
19-11-2019 Ashok Kumar Kalra Versus Wing Cdr. Surendra Agnihotri & Others Supreme Court of India
18-11-2019 Royal Sundaram Alliance Insurance Co. Ltd., Through its authorized officer, at Chennai Versus Chandrakala Ashok Kadam & Another In the High Court of Bombay at Aurangabad
08-11-2019 Purnima Parekh & Another Versus Ashok Kumar Shrivastava & Others High Court of Madhya Pradesh Bench at Gwailor
07-11-2019 Ashok Khanna Versus Central Bureau of Investigation High Court of Delhi
06-11-2019 M/s Arora & Co Versus Union of India & Others High Court of Delhi
05-11-2019 Subhash Arora Versus Prasad Process Pvt. Ltd. High Court of Delhi
04-11-2019 Nitin Gupta Versus M/s. Aakash Metal Industrial High Court of Delhi
02-11-2019 Shivaiah Versus Ashok Venkatesh Shet High Court of Karnataka
01-11-2019 Ashok Malhotra Versus State (Govt of NCT Delhi) & Another High Court of Delhi
31-10-2019 Gulshan Arora Versus Ramesh Chander High Court of Delhi
23-10-2019 Raghubir Singh Arora & Others Versus Rajesh Khanna & Others High Court of Delhi
16-10-2019 Ashok Maroti Garkal & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
15-10-2019 Nitin Versus Umesh Dattoba Gund (Died) through L.Rs. & Others In the High Court of Bombay at Aurangabad
11-10-2019 Ashok Kumar Versus B.T. Parameshwara High Court of Karnataka
04-10-2019 M/s. Lakshmi Jewellers Main Metro Rep. by M.Ashok Kumar & A.Ramya (Partners), Gandhipuram, Coimbatore & Others Versus The Authorised Officer Karur Vysya Bank Ltd., Coimbatore & Another High Court of Judicature at Madras
01-10-2019 Axestrack Software Solutions Pvt. Ltd. Versus Harman Singh Arora National Company Law Appellate Tribunal
26-09-2019 N. Muniswamaiah Versus C. Ashok Kumar High Court of Karnataka
24-09-2019 M/s. SA Trading Company, By its Proprietor Samir Ashok Sawant Versus The Assistant Commissioner of Customs (ACIU), Office of the Principal Commissioner of Customs, Chennai & Another High Court of Judicature at Madras
24-09-2019 Dr. Ashok Kumar Giri alias Ashok Giri Versus Koushik Pal & Another High Court of Judicature at Calcutta
24-09-2019 Dr. Ashok Kumar Giri alias Ashok Giri Versus Koushik Pal & Another High Court of Judicature at Calcutta
20-09-2019 Ashok Versus State High Court of Delhi
19-09-2019 Pritam Arora Versus Manak Chand Jain High Court of Delhi
13-09-2019 N. Raghav Reddy Versus Ashok Giri High Court of Judicature at Madras


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box