account of
alleged acknowledgements under Section 18 of the Limitation Act,
19639, is unsustainable, inasmuch as there was no acknowledgement
of liability in terms ... duly examined by the learned AT and were found to constitute
acknowledgements of liability within the meaning of Section 18 of the
Limitation
Company not only acknowledged the receipt of the goods
detailed therein but also amounted to acknowledgment of liability for the
payment of the amounts mentioned ... Form cannot be
construed as an acknowledgment for the reason that no intention to
acknowledge a liability can be inferred therefrom. The Courts though lean
date on which the acknowledgement
was so signed. It is well settled that to amount to an
acknowledgement of liability within the meaning of Section ... writing signed by
the party as an acknowledgement, the person
acknowledging must be conscious of his liability and the
RFA No.28-2007 Page
lakhs, and, at the same time, defendants No. 3 and 4 acknowledged liability, up to that time, for Rs. 8,07,375.91 under Occ Account ... Exhibit P-4 respectively, and that defendant No. 2 acknowledged liability of the Firm in different accounts as on 22nd April 1981 by a letter
that the letter dated 5th October, 1992 purportedly also of
acknowledgment of liability had also not been proved and thus
could not be taken into ... were
to be taken into consideration it did not contain any
acknowledgment of liability and in fact did not even pertain to
the claims
into in
Section 34 , Arbitration Act proceedings.
(vii) There was no acknowledgment of liability by ERPL that could
have extended the period of limitation against ... acknowledgment. Such an admission is not subject to the condition
that before the agreement should operate as an acknowledgment,
the liability must be ascertained
relied upon do not satisfy the mandatory requirements
of a valid acknowledgement of liability. He would further submit that
the only balance sheet bearing ... would contend that such repeated disclosure evidences a
continuing acknowledgement of liability.
37. Learned senior counsel for the Respondent would submit that
the aforesaid entries
date
on which the acknowledgement was so signed. It is well
settled that to amount to an acknowledgement of
liability within the meaning of Section ... liability though the exact nature or the
specific character of the said liability may not be
indicated in words. Words used in the acknowledgment
must
Counsel for the petitioner, in these circumstances, submitted that since the liability was acknowledged by the respondent in its books of accounts, the petitioner ... notice to the respondent company and the respondent company submitted reply acknowledging liability towards the petitioner to the tune of Rs. 6,89,870.76 paisa
letter dated 02.02.2007, relied upon by the
Arbitrator as an acknowledgment of liability, even assuming it to be so,
would also operate only in respect ... understanding."
45. In my view, the same is clearly an acknowledgment of liability in
terms of Section 18 of the Limitation Act. The Arbitrator
