Punjab National Bank vs Sh. Mukul Sharma on 16 August, 2022
19. As per the statement of accounts Ex. PW1/I (Colly), the
last payment made by defendant no. 1 of Rs. 4.00 lakhs was on
11.07.2017 leaving an outstanding balance of Rs. 2,30,262/- in
respect of loan account no. 112000LH00000084 (housing loan).
The last payment of Rs. 28,240/- in respect of loan account no.
11200095000001364 (overdraft facility loan) was made on
20.02.2017 by the defendant no. 1. This suit for recovery has
been filed on 17.03.2020. Though there were two loans and two
accounts were opened by the defendant no.1 with the plaintiff
but the plaintiff in the present suit for recovery, has
consolidated the amounts which is not permissible as per law.
It appears that both the loans have been consolidated to bring
the case for recovery in respect of second loan within the period
CS (Comm) No. 326/20 PNB & VS. Mukul Sharma & Ors Page No.11 of 18
of limitation though barred by limitation. I am of the view that
the recovery with respect to loan no. 11200095000001364 is
barred by limitation being beyond the period of three years as
provided under the Limitation Act, 1963.