1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION COMPANY COMPANY COMPANY PETITION PETITION PETITION NO.460 OF 2007 NO.460 OF 2007 NO.460 OF 2007 Mr.Ashwin Mr.Ashwin Mr.Ashwin Tanna Tanna Tanna ...... Petitioner Petitioner Petitioner vs vs vs M/s M/s M/s Recon Oil Inds Ltd .. Recon Oil Inds Ltd .. Recon Oil Inds Ltd .. Respondents Respondents Respondents Ms.Nipa Ms.Nipa Ms.Nipa Singh i.b M.Menon & Co for Petitioner Singh i.b M.Menon & Co for Petitioner Singh i.b M.Menon & Co for Petitioner Mr.R.G.Tripathi Mr.R.G.Tripathi Mr.R.G.Tripathi for Respondent for Respondent for Respondent CORAM CORAM CORAM : : : A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATED DATED DATED : : : 15th January, 2008 15th January, 2008 15th January, 2008 P.C. P.C. P.C. 1.1.1. Heard counsel for the parties. Even if the Heard counsel for the parties. Even if the Heard counsel for the parties. Even if the case case case of the petitioner is accepted as it is the of the petitioner is accepted as it is the of the petitioner is accepted as it is the fact fact fact remains that the last demand bill was remains that the last demand bill was remains that the last demand bill was served/issued served/issued served/issued on 1st April 2004, whereas the on 1st April 2004, whereas the on 1st April 2004, whereas the present present present petition is filed on 10th April, 2007. petition is filed on 10th April, 2007. petition is filed on 10th April, 2007. Indeed Indeed Indeed the petitioner relies on the correspondence the petitioner relies on the correspondence the petitioner relies on the correspondence dated dated dated 11th April, 2005 as also the contents of the 11th April, 2005 as also the contents of the 11th April, 2005 as also the contents of the statutory statutory statutory notice sent on 9th August, 2005 as also notice sent on 9th August, 2005 as also notice sent on 9th August, 2005 as also the the the reply of the respondents dated 31st August, reply of the respondents dated 31st August, reply of the respondents dated 31st August, 2005. 2005. 2005. The fact remains that so far as the The fact remains that so far as the The fact remains that so far as the communications communications communications sent sent sent by the petitioner, the same are by the petitioner, the same are by the petitioner, the same are unilateral unilateral unilateral communications. communications. communications. That does not establish That does not establish That does not establish the the the factum of acceptance of liability by the factum of acceptance of liability by the factum of acceptance of liability by the respondent- respondent- respondent- company. There is no document to company. There is no document to company. There is no document to establish establish establish the fact that the respondents at any the fact that the respondents at any the fact that the respondents at any point point point of time acknowledged the liability after 1st of time acknowledged the liability after 1st of time acknowledged the liability after 1st April, April, April, 2004 as such. In the reply given to the 2004 as such. In the reply given to the 2004 as such. In the reply given to the statutory statutory statutory notice the respondents have denied the notice the respondents have denied the notice the respondents have denied their 2 liability liability liability on the ground that services rendered by on the ground that services rendered by on the ground that services rendered by the the the petitioner was inappropriate and in fact petitioner was inappropriate and in fact petitioner was inappropriate and in fact resulted resulted resulted in causing loss to the respondents. in causing loss to the respondents. in causing loss to the respondents. Suffice Suffice Suffice it to observe that the claim in the present it to observe that the claim in the present it to observe that the claim in the present petition petition petition pertains to the period which is anterior pertains to the period which is anterior pertains to the period which is anterior toto to three years of date of institution of the three years of date of institution of the three years of date of institution of the petition. petition. petition. In other words, the petition is founded In other words, the petition is founded In other words, the petition is founded on on on a claim which is time barred. a claim which is time barred. a claim which is time barred. Hence, Hence, Hence, dismissed. dismissed. dismissed. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J)