Sapan Dhawan vs Des Raj Sethi
Judges (1)
Counsel (3)
Parties (2)
Case Significance
Sapan Dhawan vs Des Raj Sethi is a Delhi High Court decision dated December 16, 2024 (citation: ik-195462771). The defendant in a money recovery suit filed a revision petition challenging the dismissal of his Order VII Rule 11 application seeking rejection of the plaintiff's suit for Rs 11,19,000 as time-barred. The defendant argued that the underlying Memorandum of Settlement was from 2016 and the original cheques were never encashed, making the 2020 suit barred by limitation. The Court dismissed the revision, holding that a subsequent cheque of Rs 4,00,000 issued in 2020 constituted acknowledgment o The case was heard by Justice Neena Bansal Krishna. Counsel appearing: Abhay Narula (counsel for petitioner), Anubhav Rana (counsel for respondent), Kamal Sethi (counsel for respondent).
Summary
The defendant in a money recovery suit filed a revision petition challenging the dismissal of his Order VII Rule 11 application seeking rejection of the plaintiff's suit for Rs 11,19,000 as time-barred. The defendant argued that the underlying Memorandum of Settlement was from 2016 and the original cheques were never encashed, making the 2020 suit barred by limitation. The Court dismissed the revision, holding that a subsequent cheque of Rs 4,00,000 issued in 2020 constituted acknowledgment of a time-barred debt under Section 25(3) of the Contract Act, giving a fresh cause of action.
What was the outcome of Sapan Dhawan vs Des Raj Sethi?
The defendant in a money recovery suit filed a revision petition challenging the dismissal of his Order VII Rule 11 application seeking rejection of the plaintiff's suit for Rs 11,19,000 as time-barre...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-195462771)