PUNJAB STATE COOP SUPPLY AND MARKETING FEDERATION LTD CHANDIGARH Vs. FOOD CORPORATION OF INDIA AND ORS.

JUDGEMENT

(1.) CM-13760-C of 2017 For the reasons mentioned in the application, the same is allowed subject to all just exceptions. Delay of 339 days in late filing of the appeal is condoned. CM-13759-C of 2017 Application is allowed as prayed for, subject to all just exceptions. Main case : Short point arising for consideration in this case is whether the finding of the Lower Appellate Court in paragraph No. 18 of its judgment dated 05.09.2016 reversing the judgment and decree dated 01.10.2015 passed by the learned Civil Judge (Jr. Div) Malout on the ground that the case was barred by limitation is legally sustainable or not.

(2.) Brief facts of the case leading to the filing of the instant appeal are that the appellant procured food grains on behalf of the Food Corporation of India on 10.08.2010. Bill for the supplies made was raised on the same day. Respondent Food Corporation of India released payment of the bill so raised on 24.09.2010, less amount of Rs. 3,07,518/-. The appellant continued corresponding with the respondent Food Corporation of India but did receive any response thereto, except for communication dated 24.05.2011 i.e. Annexure A-3 wherein the respondent Food Corporation of India denied liability to make payment of Rs. 3,07,518/- as claimed by the appellant.

(3.) Learned Lower Appellate Court by taking into account the aforementioned dates held that once payment had been made on 24.09.2010, limitation commenced and the subsequent communication (Mark DX) i.e. letter dated 24.05.2011 at page No. 95 of the paper book was of no relevance since the letter neither acknowledged the previous amount nor acknowledged liability to make payment.