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Veerendra   20 July 2022

Is the law of limitation applicable in my case ?

Dear  all eminent lawyers,

Here is my case in brief.

*        I am a practicing dentist since the last 32 years and practicing from one and half years before the society has been formed.

*        Society has levied commercial charges on me and increased it arbitrarily.

*        Society has levied fines on me in 1997. They have not yet revoked it.

*         Society has not given me receipts of the payments made for 2 ½ years from 1999 to 2002 & is showing that amount as dues in my bills.

*        Now when I tried to sort out matters with the secretary he physically assaulted me threw me out of the house in August 2002.

*        So I had no way to sort out the matters as all lines of communication were closed.

*        The society office bearers were not accepting my cheques and showed  me as a defaulter in the societies books of accounts.

*         Then all of a sudden society sent me a recovery notice u/s 101 in 2007. We replied to the notice properly, systematically and point-by-point.

*        Society then went into a deep freeze and did not do anything for 12 long years.

*        In 2019 they again sent me a recovery notice. I again replied to the notice properly, systematically and point-by-point.

*        Society till date has not initiated recovery proceedings u/s101.

*        I have filed a case for overbilling in the co-operative court in December 2019.

*        Now my basic query is whether the law of limitation is applicable in my case.

*        Can the society (Which is overbilling me on various fronts) demand maintenance dues of more than 6 years ago?

*        Hope to see many responses from all learned lawyers and many thanks in advance for the same.

Regards,

Dr. Veerendra Darakh

 



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