MARUTI UDYOG LIMITED Vs. CHARU BASIL

JUDGEMENT

(1.) THIS order will be treated as continuance of the order passed on 25.3.2015. I will not reproduce the formulation of question of law made on that date and will proceed only to consider whether the payments by cheques made by the ex -employee within the period of three years towards the sum of the amounts claimed by the employer availed in favour of the plaintiff as constituting payment in writing within the meaning of Section 19 of the Limitation Act and save the suit from the bar of limitation. The suit claim comprised of 7 heads which are reproduced as under:

(2.) THE employee breached the promise to serve for the number of years stipulated in the bond but voluntarily submitted her resignation on 23.01.1996. The right of enforcement of the bond arose eo instanti. The extracted portion above would reveal that it formed a substantial portion. Another large head of claim were the damages for the shortfall in notice period of over Rs. 15,000/ - on 25.02.1998. The suit has been filed taking the payment through 3 cheques issued for Rs. 3,500, Rs. 0.80/ - and Rs. 2,515/ - as extending the limitation for the aggregate amount.

(3.) THE point still cannot be taken as fully answered unless we examine whether this payment could be treated as payment on account of debt as expressed in Section 19 of the Limitation Act: