Supreme Court of India
Mageba Bridge Products Private Limited v. M/s. Trade Centre
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What the Court ordered
We find absolutely no reason to sustain the order of the High Court in the First Appeal and, hence, reverse the same to the extent of granting the relief of recovery, despite our finding that the suit was properly instituted by a partnership firm, whose registration has been proved in accordance with law. The claim for recovery is hit by limitation. The suit, hence, stands dismissed for that reason. The appeal stands allowed.
Judgment, 18-19
In brief
The respondent partnership firm supplied goods to the appellant company and sued to recover Rs.23,41,693/- on the strength of individual invoices, the last of which was dated 06.03.2007, the suit being filed on 05.06.2010. Earlier, the respondent had filed a winding up petition (affirmed 07.02.2009, filed 10.02.2009) which was not entertained because the appellant had disputed the bulk of the claim as documents fraudulently created by an erstwhile employee; the appellant agreed to secure only two bills dated 30.01.2006 (TC/152 and TC/153) and the respondent was relegated to a civil suit.…
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