Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation Act 1963 -Arts. 55 and 113 - Period of limitation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Limitation Act, 1963 -Arts. 55 and 113 - Period of limitation for filing recovery suit against defaulting borrower - Hire purchase agreement between the financer and hirer for purchasing a vehicle - Default in payment of instalments by hirer within a year - One year thereafter company seizing the vehicle and selling it - However, the amount recovered not sufficient to clear the amount received - Suit for recovery of the balance amount by the financer within three years from the date of selling of the vehicle - Borrowers case that the three years limitation period to be counted from the first default - Company :s case that limitation period to be counted from the sale of the vehicle - Trial court and High Court held that the suit was barred by limitation - 011 appeal, held: Limitation would start running from the date the hirer defaulted in making payment and suit was filed beyond three years from the said date, thus, was clearly barred by time and was rightly dismissed by the courts below . |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2016 INSC 452 |
Petitioner | M/s. Sundaram Finance Limited |
Respondent | Noorjahan Beevi And Another |
SCR | [2016] 3 S.C.R. 420 |
Judgement Date | 2016-06-29 |
Case Number | 7245 |
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