opportunity to the
petitioners to explain such alleged admission and acknowledgement of liability. It
::: Uploaded on - 05/07/2016 ::: Downloaded on - 30/07/2016 ... thus clear that the petitioner
no.1 had admitted and acknowledged its liability towards the respondent in the
sum of atleast Rs.100 crores
favour of it.
k) The Defendant also executed and delivered the
Acknowledgement of Liability dated 30.06.2012 and 03.01.2013 in
favour ... stated that, the Defendants have also
executed and delivered the Acknowledgement of Liability dated
30.06.2012 and 03.01.2013 in favour of their Bank. He has
further
Thereafter defendants have executed the letter of
continuing guarantee, delivered the acknowledgement of
liability dated 01/01/2011, 06/03/2011 and 18/07/2013 ... plaintiff bank i.e., Demand
Promissory Note, letter of repayment, acknowledgement of
liability etc., Thereafter defendants have not repaid the
loan amount as agreed. Inspite
amount to acknowledgment thereof and Ld. Trial
Court also wrongly held that the acknowledgment in the present case
pertains to a past liability ... said acknowledgment made on behalf of Defendant and
signed on his behalf by his counsel, there is a clear acknowledgment of
liability of part
invocation of the arbitration agreement. He submit that there was no
acknowledgment of liability or any part payment made by the respondent in
respect ... parties. Limitation would extend only if there would be
acknowledgment of the liability before expiry of the period of limitation or if there
said reply to the legal notice have in the
following portions acknowledged their liability:-
"At the outset, I must point out that our Company ... acknowledgement.
21. Tested on the said anvil, the communication dated 28 th May, 2009
cannot be construed as an acknowledgement of liability. The
respondents/defendants
invocation of the arbitration agreement. He submit that there was no
acknowledgment of liability or any part payment made by the respondent in
respect ... parties. Limitation would extend only if there would be
acknowledgment of the liability before expiry of the period of limitation or if there
Exhibit P-35. In the aforesaid document,
defendant No.1 has acknowledged the liability of
Rs.3,44,383/-. In para 26 of the plaint ... plaint, it
is averred that in reply to notice while acknowledging
liability the defendant No.1 requested the plaintiff bank
to sell the food grains
apples in the market. Plaintiff averred in the plaint that
defendant acknowledged the liability to pay the balance
amount of Rs.25,000/- in favour ... plaintiff on 31.8.2004
and beside above, defendant-appellant acknowledged the
liability to make payment to the plaintiff on 11.7.2004, on
which day he admitted
show that interest was paid or agreed to be paid. The acknowledgment of liability shown by the plaintiff is also beyond the period of limitation ... itself held that acknowledgment must be made before expiry of limitation prescribed for suit. In the case on hand, acknowledgment of liability was made
