2019 (9) TMI 711

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..... For The Appellant (s) : Mr. Anand Landge, Adv. And Mr. Jay Kishor Singh, AOR For The Respondent (s) : Mr. Rajeev K. Panday, Adv., Mr. Rajeev Maheshwaranand Roy, AOR, Mr. P. Srinivasan, Adv., Mr. Hrishikesh Chitaley, Adv., Mr. Ashish Verma, Adv. And Mr. Chandra Prakash, AOR JUDGMENT R.F. Nariman, J. 1) In the facts of the present case, at the relevant time, a default of Rs. 6.7 Cro....

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...., have to be admitted. 2) An appeal filed to the NCLAT resulted in a dismissal on 05.09.2018, stating that since the cause of action in the present case was continuing no limitation period would attach. It was further held that the Recovery Certificate of 2001 plainly shows that there is a default and that there is no statable defence. 3) Having heard learned Counsel for both parties, we are of....

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.... 4) In order to get out of the clutches of para 27, it is urged that Section 23 of the Limitation Act would apply as a result of which limitation would be saved in the present case. This contention is effectively answered by a judgment of three learned Judges of this Court in Balkrishna Savalram Pujari and Others vs. Shree Dnyaneshwar Maharaj Sansthan & Others, [1959] Supp. (2) S.C.R. 476. In this....

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....bed as the effect of the said injury. It is only in regard to acts which can be properly characterised as continuing wrongs that s.23 can be invoked. Thus considered it is difficult to hold that the trustees' act in denying altogether the alleged rights of the Guravs as hereditary worshippers and in claiming and obtaining possession from them by their suit in 1922 was a continuing wrong. The decre....