Limitation for filing a ccase for refund of security deposit
Querist :
Anonymous
(Querist) 12 December 2009
This query is : Resolved
Dear sir,
We was appointed as sale promoter of a company in 1997 and at that time we had deposited Rs.6,00,000=00 as security deposit. Due to conflict the company had closed the business and files two cases against us under NI Act 138 without finalized any of accounts.
In the year 2003 they gave us a notice to confirm the deposits as on 31st march 1998 for income tax purpose.On the basis of that latter we filled a case for recovery of security deposits in court of law.
Now the company is saying that:
A. It is time bar case( Out of civil limitation)
B. They had forfeited the amount in sept. 1998.
Now the facts are as under:
A. There is no any communication about security amount from both the end till the date of first notice given by us in the year 2003.
B. In the reply of notice for refund they had not mentioned about the forfeiture
C.They had not produced any book of account about the security deposits( As they were maintains two books for their transaction one for business related and another for security deposits.
Can you help me in the matter by citing any of cases in this regards from any of higher court of India.
With Regards
Vijay Bhutda
00919341053313
Raj Kumar Makkad
(Expert) 12 December 2009
If no prior notice to the forfeiture is available then definitely no limtation comes in the way. In the light of given facts, your case is very strong.
Querist :
Anonymous
(Querist) 12 December 2009
Dear Makkad saheb,
Kindly note that court is prejudice , they are asking for any citation of judgments made by the higher court or apex court in this matter.
With Regards
Vijay Bhutda
00919341053313
