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Limitation period for filing recovery suit

(Querist) 24 November 2014 This query is : Resolved 
DEAR MEMBERS NEED YOUR ASSISTANCE;
BELOW IS THE DRAFT OF THE NOTICE ISSUED FOR RECOVERY OF THE MONEY, THE NOTICE WAS ISSUED A MONTH BACK. KINDLY ADVICE WHETHER MY CASE HAS BEEN BARRED BY LIMITATION PERIOD. KINDLY DO THE NEEDFUL.


1. That it has come to the notice of our organization that the requisite revised plan permission for Non – agricultural use of the property on which our organization is situated, required from the revenue authorities, has not been obtained and the same was required to be obtain. Hence, MOU dated 11/03/2010 and 01/07/2010 was executed by and between our Organization as an “Institute and you as a “Consultant”. As per the said MOU you were in a position to obtain the requisite (NA Order) from the state government latest by 01/10/2010 and 15/10/2010 respectively and accordingly our organization agreed to pay you Rs. 11,03,000/- and Rs. 22, 06,000/- as Consultancy fee in the mode appearing in clause 4 on page 4 of the said MOU.
2. As per the mode appearing in clause 4(a) on page 4 of the said MOU, Rs. 2,74,500/- vide cheque dated 06/06/2010, having cheque No. 292514, drawn on HDFC bank, Lonavala Branch, after deducting TDS of Rs. 30,500/- on Gross payment of Rs. 3,05,000/- and Rs. 5,51,500/- vide cheque dated 08/07/2010, having cheque No. 296539, drawn on HDFC bank, Lonavala branch, after deducting TDS of Rs. 61,278/- on Gross payment of Rs. 6,12,778/- was paid to you but the said NA order was not obtained till the period specified in above Para – 1. Since then on various occasions you have been requested by our organization to return to them the said amount, and at the time of every demand to you, you have only gone to postpone the promises and till date only an amount of Rs. 1,37,000/- vide cheque No. 754101 dated 21/08/2011 is returned back to us. Unfortunately thereafter nothing has been heard from your end for refund of balance amount due to us. Hence, you are humbly requested to return to our organization the aforesaid balance amount of Rs. 7,80,778/- along with interest @18% for the delayed period, immediately on receipt of this letter.
T. Kalaiselvan, Advocate (Expert) 27 November 2014
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