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PETITIONER: KASHINATH SANKARAPPA WANI
Vs.
RESPONDENT: NEW AKOT COTTON GINNING & PRESSINGCO., LTD.
DATE OF JUDGMENT: 18/02/1958
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. KAPUR, J.L. GAJENDRAGADKAR, P.B.
CITATION: 1958 AIR 437 1958 SCR 1331
ACT: Limitation-Suit on deposit receipt--Acknowledgment of liability-Evidence--Balance sheet obtained from Registrar of ComPanies-Admissibility-Presumption of authenticity and correctness -Commercial Documents Evidence Act (XXX Of 1939), s. 3(b).
HEADNOTE: The appellant advanced various sums of money to the res- pondent, in lieu of which the respondent passed a deposit receipt for 12 months from August 1, 1939 to July 31, 1940- On June 16, 1944 the appellant filed a suit to recover the amount with interest on the allegation that the amount became due on May 17, 1941 when the demand for the amount was made and limitation for the suit expired on May 17, 1944 and the suit was filed on the reopening day of the Court thereafter. The appellant also relied upon the acknowledgments of his debt by the respondent in the resolu- tion passed by the Board of Directors on May 2o, 1941 and in the balance sheet of the respondent for the year 1940-41 dated October 10, 1941 : Held, that the suit was barred by limitation as the monies due under the deposit receipt became payable on July 31, 1941...