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Suresh jain (Proprietor)     10 August 2016

Limitation period

Dear sir,

I have filled a suit against my customer at MSME Facilitation centre. the date of last transaction crossed 3 year and 10 days. The centre given notice to me to clearify that my case is time barred in limitation period. I am planning for reply and i am luckey that now the customer paid about 75% of dues amount.

Now i have to reply to centre ( My clarification on time barred ) and also want to continieu the case for balance amount and interest.

Please suggest that :- Is this balance amount comes again in limitation period ?? So that i can reply to Centre.

Suresh Jain



 11 Replies

Kumar Doab (FIN)     10 August 2016

With payment clock of limitation has been reset.

 

Kumar Doab (FIN)     10 August 2016

Repeated at:

 

https://www.lawyersclubindia.com/experts/Limitation-act--611456.asp

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 August 2016

No reply can be given against the repeated queries.

1 Like

Kumar Doab (FIN)     11 August 2016

It is so nice to see the post from Senior Expert Mr. Raj Kumar Makkar. 

Suresh jain (Proprietor)     11 August 2016

Thanks sir, the reply was on spam folders hence not seen. Thank you for suggestion that clock is reset now. Thanks again

Kumar Doab (FIN)     11 August 2016

Your own counsel can advise you further.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     11 August 2016

The clock only resets if payment is made within the period of limitation of 3 years. If made after that then no benefit can be availed.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Ms.Usha Kapoor (CEO)     19 August 2016

Dear Clienrt,

You can get  the balance amount by filing condone delay petition by expaling some convincing genuine  reason   for the slight delay cuased. You convince court that the delay is notwanton and due to some genine reason you couldn't file the petition on  time.

Saurendra Rautray (advocate)     05 September 2016

Hi,

Its right once the payment is recieved the limitation period starts from the date of last payment but i would clarify even if the payment is receieved even after the limitation is over then also the limitation reset and once can claim after such payment.

Regards

 Saurendra Rautray Rautray & Co
 www.rautray.com 
09437008255 

vaibhav   14 October 2020

Dear Sirs

please tell me about the jurisdiction for filing petition under MSME facilitation council ?

My unit is registered under MSME in Uttrakhand (having udyog adhar /em part 2 of Uttrakhand)  . Can we file a petition in Himachal pradesh Msme facilitation council since company head office is in Himachal pradesh ? We prefer to file in Himachal if possible

thanks in advance

 

Saurendra Rautray (advocate)     16 November 2021

Hi Mr Vaibhav,

No you cannot. Uttrakhand shall have jurisidction since the MSME registration say so.

Saurendra Rautray

Rautray & Co New Delhi

www.rautray.com 9437008255

Read more at: https://www.lawyersclubindia.com/Forum/msmed-act-2006-151528.asp


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