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Documents citing Ajanta Raj Proteins Pvt Ltd & Anr vs Himanshu Foods Pvt Ltd on 31 January, 2018

Sh. Raj Kamal Srivastava vs Sh. Niraj Kumar Jain on 29 June, 2021

Ld. Counsel for the plaintiff has further relied upon Ajanta Raj Proteins Private Limited vs. Himanshu Foods Private Limited, RFA No. 02/2016 decided on 31.01.2018 by the Hon'ble High Court of Delhi wherein Suit for Recovery has been filed within the period of three years from the date of dishonour of the cheque, but beyond the period of three years from the date of cheque. It was observed that where there were a series of transactions between the parties and the cheques were given as a security for the same amount that remained outstanding, the giving of cheque per se would amount to cause of action. It is only when the payment is not made and the person in whose favour the cheque has been issued, seeks to encash the cheque which is dishonoured, that the right to sue itself arises. Until and unless the cheque is dishonoured, the cause of action would not arise under Order XXXVII CPC and the limitation is to be calculated from the date of dishonour of the cheque.
Delhi District Court Cites 9 - Cited by 0 - Full Document

Shri Goverdhan Dass vs Shri Silender Singh on 9 May, 2022

18. Counsel for the plaintiff has not shown any authority with regard to the point that limitation period is to be reckoned from the date of second presentment return memo. Issue of limitation is a mixed question of fact and law. It was upon plaintiff to show that the present suit falls within the limitation period. Plaintiff has failed to show that the suit was filed within limitation period. The judgment of Hon'ble High Court of Delhi in Ajanta Raj Proteins Pvt Ltd. Vs Himanshu Foods Pvt. Ltd, 2018 (2) ADR 506, goes against the case of the plaintiff as even if we calculate the period of limitation from the date of dishonour of cheque for the first time still the case does not come within the period of limitation. In view of the above, this court finds that the suit filed by the plaintiff is barred by law of limitation.
Delhi District Court Cites 9 - Cited by 0 - Full Document

Rasipuram Lorry Owner'S Association vs / on 4 February, 2021

29. When a case almost identical to the facts of the instant appeal came for consideration before the Hon’ble High Court of Delhi, in Ajanta Raj Proteins Private Limited & another vs. Himanshu Foods Private Limited reported in 2018 SCC Online Del 6874, Delhi High Court, after extensive analysis of law, has held that, the limitation will start only from the date of dishonor of cheque and not from the date of the cheque.
Madras High Court Cites 34 - Cited by 0 - G Jayachandran - Full Document

Pankhi Lal Meena vs . Dr. Laxman Singh Meena on 19 December, 2022

20 Appellant has urged that the suit filed by the plaintiff was barred by limitation. Although no issue was raised by the appellant/defendant before the Ld. Trial Court, it is evident from the record of the case, that the suit filed by the plaintiff was well within period of limitation. It is stated in the plaint that the defendant in discharge of his liability towards the loan amount of Rs.1,40,000/- had issued post-dated cheque in favour of the plaintiff bearing no. 111043 dated 28/02/2013 for an amount of Rs.1,40,000/- drawn on Oriental Bank of Commerce. It is settled law that the period of limitation for filing the suit of recovery will commence from the date when the amount became due. Hon'ble High Court in Ajanta Raj Proteins Pvt. Ltd. v. Himanshu Foods Pvt. Ltd., 2018 SCC OnLine Del 6874 discussed the issue of limitation as under:
Delhi District Court Cites 15 - Cited by 0 - Full Document

M/S Sudhir Power Ltd vs M/S China First Metallurgical ... on 1 April, 2026

8. On the point of territorial jurisdiction of this Court, Ld. Counsel for Plaintiff submits that part cause of action arose within the territorial jurisdiction of this Court as the Defendant placed its Work Orders with plaintiff and plaintiff raised its Invoices at its Office at Nehru Place, New Delhi, which falls within the territorial jurisdiction of this Court. Ld. Counsel submits that payments were also to be received from Defendant at the said office. Reliance is placed upon TKW Management Solutions Vs. Sherif Cargo & Anr. & the decision of Ajanta Raj Protein P. Ltd. Vs. Himanshu Food P. Ltd., in support of his arguments.
Delhi District Court Cites 14 - Cited by 0 - Full Document

M/S E3 Panel Industries vs Murtuza Ali Proprietor Of M/S Burhani ... on 11 April, 2026

8. On the point of territorial jurisdiction of this Court, Ld. Counsel for Plaintiff submits that the part cause of action arose within the territorial jurisdiction of this Court as Defendant placed its Orders with plaintiff Nehru Enclave Office of Kalkaji and plaintiff raised its Invoices from the same Office. Ld. Counsel submits that payments were also to be received from Defendant at the said office. Reliance is placed upon Satyapal Vs. Slick Auto Accessories Pvt. Ltd. (2014) SCC Online Del 998 ; TKW Management Solutions Vs. Sherif Cargo & Anr. & the decision of Ajanta Raj Protein P. Ltd. Vs. Himanshu Food P. Ltd., in support of his arguments.
Delhi District Court Cites 12 - Cited by 0 - Full Document

Ritesh Jain vs Himanshu on 1 October, 2022

24. As per Article 35 of the Limitation Act 1963, the period of limitation is 3 years from the date mentioned in the bill of exchange (cheque) and in the present case the date of both the cheques was 31.01.2011 and therefore the suit is maintainable only if the same is filed on or before 31.01.2014. further, the Hon'ble High Court of Delhi in the matter of Ajanta Raj Proteins Pvt Ltd vs. Himanshu Foods Pvt Ltd, RFA 2/2016 decided on 31.01.2018, has extended the scope of Article of 35 of the Limitation Act 1963 and it was held that for the purpose of Article 35 of the Limitation Act 1963, the cause of action arises not on the date mentioned in the cheque but on the date of dishonor of the cheque.
Delhi District Court Cites 7 - Cited by 0 - Full Document
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