Punjab-Haryana High Court
Pswc vs M/S.Mahashakti Industrial ... on 18 February, 2014
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
In the High Court for the States of Punjab and Haryana at Chandigarh.
RSA No.4028 of 2013 (O&M)
Decided on 18.2.2014
PSWC --Appellant
Vs.
M/s.Mahashakti Industrial Corporation etc. --Respondents
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. Sameer Sachdeva, Advocate, for the appellant Rakesh Kumar Jain,J: (Oral) The plaintiff is in appeal against the judgment and decree of both the Courts below.
The plaintiff filed a suit for recovery of `2,95,534/-on account of shortage of rice which was given for milling. Delivery of the rice was to be effected by the respondents on or before 31.8.1998, whereas the suit was filed on 16.7.2003.
Both the Courts below dismissed the suit on the ground that a suit for recovery cannot be filed beyond a period of three years from the date of accrual of cause of action.
Counsel for the appellant has though vehemently argued that the suit is within limitation but in the facts and circumstances, delivery of the rice was to be given to the plaintiff on 31.8.1998 and if there was shortfall, that was within the knowledge of the plaintiff on that date and the suit should have been filed within three years for recovery of the said amount.
Ram Rikhi2014.02.25 17:44 I attest to the accuracy and integrity of this document RSA No.4028 of 2013 (O&M) -2-
In view of concurrent finding of fact recorded by the Courts below, and in the absence of any question of law much-less substantial, I do not find any merit in this appeal to interfere and the same is hereby dismissed.
18.2.2014 (Rakesh Kumar Jain)
RR Judge
Ram Rikhi
2014.02.25 17:44
I attest to the accuracy and
integrity of this document