Condonation of delay
C.B.Sharma
(Querist) 15 January 2011
This query is : Resolved
Sirs,
Query no.1
We have outstanding debt in a customer since 2002. The last payment received was on 25th August 2005. in Aug 2008. We filed a case u/s 156 on 4-8-2008. the case is still in process. We wish to simultaneosly register a case for recovery of the debt with interest ans costs additionally.
1. Can we amend our application alredy made u/s 156?
2. If a separate civil-suit is to be filed, can we get a delay condonation under limitation act?
Query no.2
Another debtor had made a part payment on 20/10/2007. We had raised a debit note on 30-4-2010 for sales tax due in lieu of non-receipt of C-Form from the debtor in respect of a sale prior to the last payment received.
On 31-7-2010, we received a cash oayment of Rs. 5050 towards the rate-difference and delay-period interest against the sales made
earlier.
Can we get a delay-condonation?
CBSharma
Devajyoti Barman
(Expert) 15 January 2011
1. No need but if 25.8.05 is the date when any communication or acknowledgement of debt occused for the last time then the suit for recovery of money is time barred.
2. There is no law by which limitation of filiing a suit could be condoned.
Another dispute you are talking about could be resolved through court as the same is not time barred.
Amit Minocha
(Expert) 17 January 2011
Q1
FOR 1. YOU CANNOT AMEND
FOR 2 VERY RARE CHANCES
Q2
SINCE PYMNT RECD ON 31-7-10 SUIT IS UNDER LIMITATION
