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Motor & General Finance Ltd. vs Mahabir Prasad Chaudhary & Ors. on 21 January, 2000 cites

Globe Motors Ltd. vs Mehta Teja Singh And Co. on 5 July, 1983

13. On question as to whether the claim for recovery of double the hirecharges will be within time or there was a continuing cause of action in favour of the petitioner for recovery of the said compensation and the vehicle, Mr. Mehra has relied upon the judgment of this Court in Globe Motors Ltd. Vs. Mehta Teja Singh and Co. wherein it was held that limitation would start from each default when it was committed. In this case under the hire purchase agreement dated January 1, 1967 the hirer was required to pay the hire-charges within a period of 3 years from the date of hiring of the vehicle. One of the instalments for the month of August, 1967 being not paid, the company filed a petition under Section 20 of the Arbitration Act in November, 1973 for reference of the disputes to the Arbitrator. While deciding the objections of the respondent in that case that the right to sue having accrued in August, 1967 when there was default in the payment of the instalment, the petition was beyond time, the Court held that such instalments were to be paid upto a period of 3 years and the petition having been filed from the date when the last instalment was due, the petition was within time. It was in that context that the Court held that each default would give cause of action to the petitioner to file a suit within three years from such default. The Court in that case still left the question that the claim which prior to October 1970 was barred by time be decided by the Arbitrator. This judgment, therefore, in my view, will not be of any assistance to the petitioner.
Delhi High Court Cites 9 - Cited by 16 - Full Document
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