• Basis of limitation period calculation in case of purchases made by a builder for its different projects in the same city

A big Builder purchased material from our Small Scale MSEME registered company for his 4 housing projects in the same city and the payments for these projects were also made through the same bank and same bank account number but he did not make full payment and cancelled his purchase orders without informing us and after that we requested him for 2 years through Emails, Phone calls and personal visits but he did not take any action regarding our big balance payment and then after that we filed Case/Reference in MSMEFC Council Haryana. Council sent this case to Arbitrator after failure of conciliation process and the Arbitrator only accepted 2 projects for doing arbitration processing and dismissed our claim regarding another 2 projects. Please tell me when the buyer is same and payment was made from same bank and same bank Account number in the same city -Faridabad of Haryana state where these projects exist; will the Limitation act apply to the Buyer (customer) it will apply Project wise as stated above that owner of these all the projects is the same builder who made the payment to us for his 4 housing projects in the same city, through same bank and same bank account number
Asked 5 days ago in Business Law

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24 Answers

it is necessary to peruse the correspondence exchanged between parties award passed by arbitrator to advice 

 

2) separate purchase orders must have been placed for each project 

 

3) limitation would apply for each purchase order placed project wise 

Ajay Sethi
Advocate, Mumbai
97044 Answers
7837 Consultations

Yes, limitation as provided in limitation Act would apply in given circumstances. However, on examining details remedy could be suggested. 

Siddharth Srivastava
Advocate, Delhi
1366 Answers

Is there any agreement between you and the builder , if yes what is the condition under this circumstances?

What was the case filed and what was the relief sought?

The limitation act will certainly apply to this situation.

If the delay is beyond three years then your claim would be barred in respect of the supply of goods or purchase order that is beyond three years.  

What is your advocate's opinion in this regard?

The case papers are to be perused to render more and proper opinion.

 

T Kalaiselvan
Advocate, Vellore
87242 Answers
2342 Consultations

1) What was the total amount of 4 projects? 

2) The due amount from the builder? 

3) Duration of the intimation- emails, phone calls or any legal notice served by this builder? 

 

Dinesh Kumar
Advocate, New Delhi
7 Answers

i would need further details to answer better

i want to understand on what basis did the arbitrator reject your claim for 2 projects and is pursuing the case only for the other 2 projects

your question is vague and does not have the material particulars

you need to inform the date of invoice raised by you, the time within which payment was required to be made, whether there was any promise by the builder to pay the invoices and whether there was any express refusal by him to so pay

Yusuf Rampurawala
Advocate, Mumbai
7703 Answers
79 Consultations

You challenge the aforesaid arbitrrator order as well as illegal acts before the appeallate authority 

Prashant Nayak
Advocate, Mumbai
32517 Answers
202 Consultations

if an appeal preferred is dismissed or if an Enterprise does not file any appeal under Section 19 of The MSMED Act, challenging the arbitral award then the said award shall be executed by the concerned District Collector and the amount due shall be recovered as arrears of land revenue.

 

order passed by district collector is unsustainable . The executing court cannot question the decree or object to its legality.

Ajay Sethi
Advocate, Mumbai
97044 Answers
7837 Consultations

  1. Limitation Act Applicability:

    • The limitation period is calculated project-wise, as each project represents a separate cause of action, even if payments were made from the same bank account.
    • If the arbitrator dismissed claims for two projects, verify the timeline of disputes for those specific projects. If within three years from the date of last payment or acknowledgment of debt, you may challenge this dismissal.

  2. Steps to Challenge Arbitrator’s Decision:

    • File an appeal under Section 34 of the Arbitration and Conciliation Act, 1996 in the District Court, contesting the arbitrator's exclusion of claims for two projects.

  3. Deputy Commissioner's Order:

    • Challenge the illegal reduction of the award by the Deputy Commissioner:

      • File a writ petition in the High Court under Article 226 of the Constitution, citing:


        • Bribery allegations: Gather evidence (if possible) to prove bias or misconduct.

        • Violation of MSMED Act: Emphasize Section 16 and arbitrator's clear ruling on interest calculation.

  4. Execution of MSMEFC Award:

    • The Deputy Commissioner cannot alter the award amount arbitrarily. The High Court can direct the District Collector to enforce the original MSMEFC award.

  5. Next Steps:

    • Engage a lawyer specializing in MSME Act and arbitration matters.
    • File a writ petition urgently to challenge the Deputy Commissioner’s illegal order.

For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated.

Thank you.
Shubham Goyal

Shubham Goyal
Advocate, Delhi
208 Answers

The arbitration award can be appealed against before the high court and in some places before the district court.

The deputy commissioner or the collector may not be empowered with  powers to hear the appeal. 

You may plan to file a writ petition before high court on the advise of your own advocate

T Kalaiselvan
Advocate, Vellore
87242 Answers
2342 Consultations

Yours is a continues business with builder with running account. Every deal is a link in the  chain of transaction. Limitation will start from the  date of last payment made in last transaction. This is the  answer the  your question.

As per law laid down by SC the  execution of award has to be full/100 percent. There can be partial execution of award. Either terms of award are applied in total or if the  award is defective it has to discarded fully. There cannot be partial implementation of award. This is answer to additional question. Collector has no power to modify the award. You can directly challenge deduction of 20 per cent by Collector. 

Ravi Shinde
Advocate, Hyderabad
4204 Answers
42 Consultations

It has to be challenged to the appellate authority constituted in the said act.The appeal is filed to director IC ministry of MSME within 30!days

Prashant Nayak
Advocate, Mumbai
32517 Answers
202 Consultations

You cannot request HC to again give its decision 

 

2) HC would not give direction to MSME council 

 

3) you have to file appeal 

 

4) local lawyer can guide you where appeal is to be filed 

Ajay Sethi
Advocate, Mumbai
97044 Answers
7837 Consultations

1. The appellate authority for Micro, Small and Medium Enterprises (MSME) is The Director of the MSME, located at 264, Udyog Bhawan, New Delhi  110011.

2  You can approach the the office and become aware of the procedures and other details 

3. It depends on how they view it. 

4. You can discuss with your advocate about it and proceed as advised. 

5. Since you have already approached high court with a writ petition you may follow it. 

 

T Kalaiselvan
Advocate, Vellore
87242 Answers
2342 Consultations

Dear Client,

In the Present Scenario, taking into consideration the Limitation Act, the time for recovering the money under the contract, would be 3 years from the time payment of the same becomes due. Herein, the decision of the arbitrator to treat the projects as four separately as each of the projects had different purchase orders, making the limitation period being applied project-wise. Additionally, the payments for the projects have been from the same bank account, and the argument for a consolidated claim may be evidenced with continual cause of action, thus, aiding in the extension of the limitation period. With respect to the MSME Act, the same provides for dispute resolution through the methods of arbitration and conciliation. But, excluding the claims of the arbitrator, for two projects specifies the procedural limitations present and thus, the expiration of the limitation period. However, to challenge this, it is suggested that you maintain all the relevant documents, including the contract, the purchase orders, relevant receipts etc. You may also appeal the decision under the Arbitration and Conciliation Act, if you are not satisfied with the arbitrator's decision.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10207 Answers
121 Consultations

As per law, last WILL is only enforceable. In pending probate case you csn file interim application seeking stay as interim relief. 

Siddharth Srivastava
Advocate, Delhi
1366 Answers

You have filed for probate 

 

you have to prove will by testimony of one of attesting  witnesses 

 

if one of grand sons has objected to probate petition gets converted into suit 

 

you have to prove will was executed by grand father 

 

grandson  has to prove allegations made by him 

Ajay Sethi
Advocate, Mumbai
97044 Answers
7837 Consultations

If your maternal grandfather modified or cancelled his Will and has written the Will afresh, the fresh Will shall only be valid and not the previous one.

If he is indulging in any undesirable activities, you may initiate proper legal action either by criminal law or through civil law or by both 

Alternately you can take steps to obtain probate of Will in your possession to enforce it which will bring all other unnecessary disputes in this regard to an end.

T Kalaiselvan
Advocate, Vellore
87242 Answers
2342 Consultations

MSME Case:

  1. Where to File Appeal?

    • File the appeal under Section 19 of MSME Act, 2006 in the District Civil Court of Panchkula, Haryana.

  2. Type of Court?

    • It will be filed in the District Civil Court, not an arbitration-specific court.

  3. Can MSEFC Appeal Further?

    • Yes, if the District Court rules against the MSEFC decision, the Council can appeal to the High Court.

  4. High Court on Limitation:

    • The High Court has clarified that you must first exhaust the Section 19 appeal process in the District Court. Re-approaching the High Court now may result in dismissal.

  5. Next Steps:

    • File the appeal promptly and present clear evidence countering the Limitation argument (e.g., acknowledgment of debt).

  6. General Clarification:

    • The time limitation issue should be resolved during the appeal process, as the Council’s decision can be challenged thoroughly.

Will/Probate Issue:

  1. Challenging the Objections:

    • File for probate of the Will in a Civil Court to validate its authenticity. The objecting heir must present valid legal grounds for contesting the Will (e.g., fraud, coercion).

  2. Defaming the Deceased:

    • While there’s no direct penalty for insulting a deceased person, the objections and allegations can be countered legally during the probate process.
    • If defamatory statements are made publicly, you can file a civil defamation suit.

  3. Resolution:

    • Secure the probate order, which conclusively determines the Will’s validity and ensures the deceased’s wishes are honored.

For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated.

Thank you.
Shubham Goyal

Shubham Goyal
Advocate, Delhi
208 Answers

you will NOT get a good reply if your question is vague and lacks material particulars

the follow up query is totally unrelated to the main query - admin please check such malpractices. Ideally this person was required to book a fresh consultation for another query, but he has asked the same as a follow up

Yusuf Rampurawala
Advocate, Mumbai
7703 Answers
79 Consultations

It is not a case against lawyer but against an individual. 

You can follow the procedures of law for making a complaint against as you may take against anyone else. 

As a matter of fact he also has given a complaint as an individual only,  hence you initiate legal action against him as per law. 

T Kalaiselvan
Advocate, Vellore
87242 Answers
2342 Consultations

File complaint against lawyer before the bar council of your state 

 

bar council after verification of facts and after hearing the parties would take action. Against the lawyer 

Ajay Sethi
Advocate, Mumbai
97044 Answers
7837 Consultations

admin - this user is misusing the platform by posting different queries as follow up. please remove his query from my que and ban him from using the site

Yusuf Rampurawala
Advocate, Mumbai
7703 Answers
79 Consultations

stop passing comments in my comment box

you are misusing this platform by asking different questions under the pretext of follow up

i have no hesitation to believe that the advocate from lawrato would have been triggered by you only considering your inappropriate conduct and behaviour which is reflecting on this platform as well

any more comments in my comment box and i will see to it that i have you booked under the Information Technology Act for trolling

Yusuf Rampurawala
Advocate, Mumbai
7703 Answers
79 Consultations

Dear Client,

In relation to the Will/Vasiyat dispute, it is very important to focus on the probate proceedings to authenticate the Will. The court will check the validity of the document and baseless objections from one shareholder cannot override the testator's intentions if the Will was executed properly. You should present evidence that supports the fairness of the Willand the reputation of your late grand maternal grandfather. You might evenlike to sue for defamation against theactions or allegations of theshareholder that have a defamatory nature. Regarding lawyer misconduct, I will instruct you on how to make a complaint with the State Bar Council under Section 35 of the Advocates Act, 1961, against the abuse of language, blackmail, and even possible manipulation of evidence. Argue the straw-man case in court also by requiring forensic examination on an effort to uncover some attemptedmeddling with the evidence brought via CD. Although attorney's conduct has prejudiced the attorney, one-should claim a defamation action besides laying complaints with a professional action to the law-sports website. Seek an experience lawyer attorney who can help in successfully tackling each case.

Hope you find this answer helpful in resolving the issue.

Anik Miu
Advocate, Bangalore
10207 Answers
121 Consultations

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