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Supreme Court of India · 2020-06-05

M/S. SHAKTI BHOG FOOD INDUSTRIES LTD. vs THE CENTRAL BANK OF INDIA

Citation / case number
SC 2017/19133
Court
Supreme Court of India
Petitioner
M/S. SHAKTI BHOG FOOD INDUSTRIES LTD.
Respondent
THE CENTRAL BANK OF INDIA
Author
HON'BLE MR. JUSTICE A.M. KHANWILKAR
Bench
HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE MR. JUSTICE DINESH MAHESHWARI, HON'BLE MR. JUSTICE SANJIV KHANNA

Judgment text excerpt

The Supreme Court upheld the rejection of the plaint under Order VII Rule 11 of the CPC, affirming that the suit was barred by limitation as per Article 113 of the Limitation Act, 1963. The Court clarified that the right to sue accrued in October 2000, and the suit filed in 2005 was beyond the three-year limitation period. The Court rejected the appellant's argument that the cause of action arose only after the bank's denial of liability, referencing C.P. Kapur vs. The Chairman & Ors. to support that correspondence cannot extend the limitation period.

M/S. SHAKTI BHOG FOOD INDUSTRIES LTD. vs THE CENTRAL BANK OF INDIA · Niyam