Vijaya Bank vs Sh. Mahipal on 28 January, 2015
Order dated 28.01.2015 Page no. 18 of 30
& Investment Corporation of U.P. Ltd. and Another (2003) 4
Supreme Court Cases 305 and judgment of Hon'ble
Chattisgarh High Court in State Bank of India Vs. Dr. Anand
R. Ahuja passed in FA no. 119 of 1993 dated 03.04.2012 in
support of his submission that the suit filed by the plaintiff bank
against defendant no. 3 is well within the prescribed period of
limitation in terms of Clauses 2,4,10, 12 and 13 of letter of
Guarantee dated 15.01.2003 while read in the light of provisions
of Section 128 of the Contract Act.