KHODAY INDIA LTD Vs. RAKESH GUPTA

JUDGEMENT

(1.) THIS review petition has been filed to seek review of order dated August 12, 2013 passed by this Court in RFA No. 30/2013.

(2.) THE contention of the Review Petitioner is that there is an error apparent on the face of the record as the date of the last cheque (Cheque No. 563092) is 31.08.07 and not 09.10.07 and this cheque was handed over to the Respondent on 21.08.07. The suit CS(OS) No. 2150/2010 was filed by the Respondent only on 07.10.2010, which is after 3 years from the date on which the cheque could first be presented by the Respondent. Therefore, the suit filed by the Respondent is barred by limitation and hence the appeal should have been allowed.

(3.) IT is further submitted by the Respondent that the affidavit seeking leave to defend filed by the Petitioners before the learned Single Judge had no plea regarding limitation. The Petitioners even admitted before the learned Single Judge that no plea regarding the date of the cheque had been raised by them in the affidavit seeking leave to defend. Therefore, at the present stage of review, the Petitioners cannot be allowed to raise new pleas based on concealed facts. However, it was fairly conceded by Sh. Sanjay Jain, learned senior counsel for the Respondent that the petition for the purpose of review of orders/judgment dated 12.08.2013 may be allowed to the extent that the date of the cheque which is wrongly mentioned as 09.10.2007 instead of 31.08.2007, being a typographical error the same may be corrected, though it will not have any effect on the final outcome.