GANESH CHEMICALS Vs. VIRDEV INTERMEDIATES PVT LTD

JUDGEMENT

(1.) By this summons for judgment, plaintiff prays that the judgment be entered in this suit against the defendant for Rs.6,95,903/-. The Plaintiff has filed a suit on the basis of invoice dated 28 th January, 2006 (Exh. A to the plaint). According to the plaintiff, pursuant to the purchase order issued by the defendant, the Plaintiff supplied diverse quantities of goods to the defendant at its Surat address. Defendant received the said goods on 29 th January 2006 and did not raise any objection as to the rate, quality or quantity of the said goods including bills/invoices. According to plaintiff, defendant was liable to make payment at Mumbai. Plaintiff issued invoice on 28 th January 2006. The due date for payment, according to the said invoice was 29 th March, 2006.

(2.) On 25 th March, 2009 plaintiff called upon defendant to make payment of Rs.4,04,595/- with interest of Rs.4,36,962/-. The defendant through its advocate replied to the said notice dated 25 th March, 2009 and vaguely denied the amounts demanded by the plaintiff.

(3.) The defendant filed affidavit in reply. The learned counsel for the defendant submits that the notice is dated 28 th January 2006 and the suit is lodged on 30 th March, 2009. The suit is, therefore, barred by law of limitation. On the other hand, the learned counsel for the plaintiff submits the due date for making payment under the said invoice was 29 th March, 2006. On 28 th March, 2009 it was non working Saturday and 29 th March 2009 fell on Sunday. The suit is lodged on 30 th March, 2009. The learned counsel placed reliance upon section 4 of the Limitation Act which reads thus :