IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE, 1908 RFA No.31/2011 DATE OF DECISION : 22nd February, 2011

Similar documents
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY CS(OS) No.1177/2003 DATE OF DECISION :23rd July, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. RFA No.95/2010. DATE OF DECISION : 17th January, 2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + RFA No.522/2017 and C.M. No.19306/2017(stay) % 7th August, versus

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + FAO No. 257/2017. % 6 th July, versus. HINDUSTAN MEDIA VENTRUES LTD. & ORS...

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE, 1908 RFA No.51/2012 DATE OF DECISION : 17th May, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. RFA No. 581/2003. DATE OF DECISION : 13th March, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE, 1908 RFA No.365 /2008 DATE OF DECISION : 10th February, 2012 VERSUS

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Date of decision: 17th July, 2013 RFA 383/2012. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. RFA No.137/2011. DATE OF DECISION : 4th March, 2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + CS(OS) No. 684/2004 % 8 th December, versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PERPETUAL, MANDATORY INJUNCTION. Date of Judgment: CM(M) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. RFA No.587/2010. DATE OF DECISION :22nd February, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 FAO No.8/2010 DATE OF DECISION : 2nd January, 2014

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE, DATE OF Decision : 18th January, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR DECLARATION. RFA Nos. 601/2007 and 606/2007. DATE OF DECISION 10th February, 2012.

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + OMP Nos. 495/2007, 496/2007 & 497/2007

M/S. SAIPEM TRIUNE ENGINEERING PVT. LTD. Plaintiff. - versus - INDIAN OIL PETRONAS PVT. LTD.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE FAO.No.301/2010 Reserved on: Decided on:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI LAND REFORMS ACT, 1954 RSA No. 252/2013 DATE OF DECISION : 15th January,

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + CS(COMM) No.1564/2016. % 24 th November, 2017

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : TRANSFER OF PROPERTY ACT RFA No.358/2000 DATE OF DECISION : 9th April, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CONTRACT ACT. Judgment reserved on : October 15, Judgment delivered on : November 04, 2008

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR DECLARATION RSA No. 80/2009 DATE OF DECISION : 20th January, 2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR DECLARATION. Date of Reserve: January 14, Date of Order: January 21, 2009

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. IA Nos.1726/07, 1727/07 and CS (OS) No. 1196/2006

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE

Through : Mr.P.V.Kapur, Sr.Advocate with Mr.V.K.Nagrath, Mr.Abhay Varma & Mr.Sidhant Kapur, Advocates.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. RFA No.200/2003. Reserved on 14th February, 2012

Through Mr. Atul Nigam, Mr. Amit Tiwari, Advs. versus

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CRIMINAL PROCEDURE Crl. MC No.867/2012 & Crl.MAs /2012 Date of Decision:

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + FAO(OS) No.534/2010 & CM Nos /2010. versus. % Date of Hearing : August 25, 2010

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + ARB.A. 5/2015 & IA 2340/2015 (for stay) versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER ARB P. 180/2003. Judgment delivered on: versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION & CONCILIATION ACT. Date of decision: 8th March, 2013 EFA(OS) 34/2012

IN THE HIGH COURT OF DELHI AT NEW DELHI COMPANY JURISDICTION. CCP (Co.) No. 8 of 2008 COMPANY PETITION NO. 215 OF 2005

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE EXECUTION APPLICATION NO. 297 OF 2004 IN EXECUTION PETITION NO.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI LAND REFORMS ACT, 1954 RFA No.621/2003 DATE OF DECISION : 5th March, 2012

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.5517 OF 2007

.. IN HIGH COURT OF DELHI:AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. I.A. No /2006 in C.S.(OS) No.795/2004

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE CM(M) No.887/2014 DATE OF DECISION : 25th September, 2014 VERSUS

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE RC. REV. No.75/2014 DATE OF DECISION : 25th September, 2014

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN COMPANIES ACT, 1956 Date of Judgment: W.P.(C) 8432/2011

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : RAILWAY CLAIMS TRIBUNAL ACT, 1987 FAO No. 332/2013 DATE OF DECISION : 16th January, 2014

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. CS(OS)No.1307/2006. Date of decision:16th January, 2009

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + CS(COMM) Nos.421/2016 & 424/2016. % 28 th November, M/s VYSYA LEASING & FINANCE LTD.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR INJUNCTION Date of Judgment: RSA No.55/2009 & CM No.

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision: 16 th February, Versus

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + CS(COMM) Nos.53/2015 & 54/ CS(COMM) No. 53/2015 and I.A. No.25929/2015 (stay)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of Judgment: FAO (OS) 298/2010

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. RFA No.583/2001. DATE OF DECISION : 5th July, 2011

- versus - MAHAMEDHA URBAN COOPERATIVE BANK LTD. & ORS

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPANIES ACT W.P.(C) No.1098 of 2012 Reserved on: February 24, Pronounced on: April 20, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Judgment reserved on: Judgment delivered on:

S.M.V. AGENCIES PVT. LTD. Through: Mr. Gagan Gupta and Mr. Saurabh Gupta, Advocates. Versus

Through: Mr. Rahul Kumar Srivastava, Advocate. C.M(M) No. 211/2013. Through: Mr. Rahul Kumar Srivastava, Advocate.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATTER. Judgment delivered on: WP (C) 4642/2008

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT, Date of decision: 8th February, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : NDPS ACT. Date of Decision: November 13, W.P.(C).No.23810/2005

I.A. No /2012 (u/order XXXVII Rule 3 (5) CPC)

$~9. * IN THE HIGH COURT OF DELHI AT NEW DELHI. % RSA 228/2015 and C.M. No.12883/2015. versus CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : NEGOTIABLE INSTRUMENTS ACT. Date of Decision: CRL.A of 2013.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ELECTRICITY ACT, 2003 Date of decision: 19th April, 2011 W.P.(C) 8647/2007

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + CS(OS) No. 393/2010 % NOVEMBER 5, versus

Through :Mr. Rajiv Nayar, Sr. Advocate with Mr. Darpan Wadhwa, Ms. Abhiruchi Arora, Mr. Akhil Sachar and Ms. Jaishree Shukla, Advs.

% W.P.(C) No. 5513/2004

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of Decision : December 3, 2012 CS(OS) 1785/2010

IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PERMANENT INJUNCTION. CS (OS) No.284/2012. Date of order:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 ARB.P. 63/2012 Date of Decision : December 06, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR POSSESSION Date of Judgment: RSA No.251/2008 & CM Nos.17860/2008 & 11828/2010

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PARTITION. Judgment pronounced on: I.A. No.4998/2012 in CS(OS) No.

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM & ARUNACHAL PRADESH) RFA 27 of M/s Humanoid Laboratories,

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + Date of Decision: % RSA 417/2015 & C.M. Nos /2015. versus.

CRP No. 216/2014 VERSUS. Mahendra Kumar Choukhany & Ors. CRP No. 220/2014 VERSUS. Bajrang Tea manufacturing Co. [P] Ltd.

Act, with the objective to serve as a post-graduate school for advanced. teaching and research in Economics and allied subjects and to admit students

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: Versus CORAM :- HON'BLE MR JUSTICE RAJIV SHAKDHER

IN THE HIGH COURT OF DELHI AT NEW DELHI. Date of Judgment: RSA No.53/2011 & CM. Nos /2011. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI. AA No.396/2007. Date of decision: December 3, Vs.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Judgment reserved on Judgment delivered on

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR POSSESSION. Judgment Reserved on: Judgment Pronounced on:

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + FAO No. 347/2017. % 23 rd August, 2017

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI. Company Appeal (AT) (Insolvency) No. 154 of Mr. Senthil Kumar Karmegam

A FORTNIGHTLY VAT/GST LAW REPORTER 2003 NTN 22) [ALLAHABAD HIGH COURT]

Through : Mr. A.K.Singla, Sr.Advocate with Mr.Pankaj Gupta and Ms.Promila K.Dhar Advocates. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN EVIDENCE ACT, CM(M) 374/2008 with CM Nos. 4286/2008 and 13305/2008

IN THE HIGH COURT OF DELHI AT NEW DELHI CO.PET. 249/2006. Date of Decision: 8th December, versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER. W.P.(C) No of Reserved on:

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + CCP(O) No. 120/2005 in OMP No. 342/2004. NATIONAL HIGHWAYS AUTHORITY INDIA (NHAI)... Petitioner.

'IN THE INCOME TAX APPELLATE TRIBUNAL "B" BENCH : BANGALORE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER W.P.(C) No.7886/2011 DATE OF DECISION : 15th July, 2013

IN THE HIGH COURT OF BOMBAY AT GOA

CONTEMPT APPLICATION No. 09 OF Ram Gopal Sharma. Applicant. Versus. Sh Sanjay Mitra IAS (WB:82), Defence Secretary, 101-A, South

Through: Mr. Sandeep Sethi, Sr. Adv. with Mr. Gurpreet Singh, Mr. Nitish Jain & Mr. Jatin Sethi, Advs. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : EXCISE ACT, 1944 CENTRAL EXCISE ACT CASE NOS. 48/2012 & 49/2012 Date of decision: 2nd August, 2013

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW. Execution Application No. 154 of Tuesday, the 21 st day August, 2018

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE RSA No.64/2011 DATE OF DECISION : 31st January, 2014

Transcription:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE, 1908 RFA No.31/2011 DATE OF DECISION : 22nd February, 2011 SHREE LAKSHMI VENKATESH CARGO MOVERS AND CONSULTANTS... Appellant Through: Mr.S. N. Choudhri, Advocate with Mr. Rajiv Mehra, Advocate. VERSUS AMBUJA CEMENT REJASTHAN LIMITED Through: Mr. Anil Kumar Sethi, Advocate with Mr. Mithun K.S. Rathore, Advocate. CORAM: HON BLE MR. JUSTICE VALMIKI J.MEHTA... Respondent VALMIKI J. MEHTA, J (ORAL) 1. The challenge by means of the present Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 9.11.2010 whereby the suit of the appellant/plaintiff was dismissed as being barred by time by deciding the issue as a preliminary issue. For arriving at a conclusion that the suit is barred by time, the trial Court held that the suit for recovery of the deposit was not governed under Article 22 of the Limitation Act, 1963 but was in fact governed by the Article 113 of the said Act and that the acknowledgement of debt dated 7.3.2001, was not an acknowledgment of debt within the meaning of Section 18 of the Act because it referred to a deposit existing in the books of account on a date before three years. 2. The facts of the case are that the appellant/plaintiff was appointed as a C& F agent of the respondent cement company vide an agreement dated 21.1.1997. This Agreement was admittedly for a period of

two years. Security deposit of Rs.6 lacs was paid by the appellant to the respondent under Clause 4 of this Agreement and which reads as under: Clause 4 SECURITY DEPOSIT : In consideration of the due performance of the terms and conditions of this agreement, the C & F Agent will provide security deposit in faovur of the Company for such amount which will be intimated to the C & F Agent by separate letter. The deposit will be proved by way of Demand Draft/pay order in favour of the Company. Company will pay interest on the security deposit at such rate and at such intervals as may be intimated from time to time. The security deposit may be forfeited to recovery any amount from the C&F Agents which is outstanding beyond the stipulated credit period or in the event of violation of any terms and conditions of this agreement. The security deposit may also be forfeited in case, the C&F Agent does not start functioning as C&F Agent, in terms of this agreement, effective from the date intimated to him by the Company. 3. There was no business which was conducted between the parties after 31.3.1998. The appellant/plaintiff sent its notice of demand claiming back payment of the security deposit by means of a letter dated 29.11.2002 and since the same did not bring positive result the suit was filed on 15.9.2003. 4. As already stated, by the impugned judgment and decree, the trial Court has held that the Article 22 of the Limitation Act, 1963 does not apply because in the subject Agreement, it is not provided that the deposit is repayable on demand. The conclusion, therefore, arrived at by the trial Court was that the amount deposited as security became due at the end of the period of the agreement viz on 21.1.1999. 5. I am afraid the findings, conclusions and the legal position as enunciated by the trial Court is wholly illegal and perverse. In law, there is a vital difference between an amount paid as a deposit without a fixed date of repayment and other amounts which are otherwise payable to the plaintiff either towards loan or otherwise. By the very nature of a deposit the same is not repayable on a specific date and therefore it becomes repayable only on a demand being issued. The crucial difference between a deposit and any other amount which is payable is that the entitlement for refund of the security amount given as a deposit is that since the security deposit is deposited without any repayment date being fixed, it is necessary to raise a

demand to seek repayment of the deposit. It is, therefore, not required to be stated in an agreement that the deposit has to be payable on demand inasmuch as this is very much implicit in a deposit which is made with respect to which there is no specific date of repayment. I may state that in an agreement such as the present there is intentionally not stated a date of repayment because after the contract comes to an end there is always a reconciliation of accounts and it is only after reconciliation of accounts that it is known that whether security deposit has become repayable or not i.e. whether it is or is not to be adjusted towards any dues of the person with whom the deposit is made. The findings and conclusions of the trial Court are therefore set aside where it holds that the Article 22 of the Limitation Act does not apply. Since in the present case demand was made on 29.11.2002 and the suit was filed on 15.9.2003 is very much within limitation. During the course of arguments, I put it to the learned counsel for the respondent as to whether after the period of agreement came to an end on 21.1.1999, whether any letter/notice was issued by the respondent to the appellant that the security deposit amount was forfeited and was therefore not repayable. Learned counsel for the respondent had no option but to concede that no such letter/notice was written by the respondent to the appellant for forfeiture of the deposit. If that be so, the security deposit amount would lie with the respondent either till there is an actual settlement of account between the parties or a denial to repay the amount or failing which a demand is raised by the appellant upon the respondent, which in this case was made on 29.11.2002 and therefore the suit filed on 15.9.2003 was clearly within limitation. 6. The second finding of the trial Court that the letter dated 7.3.2001 does not amount to an acknowledgment of debt as per the parameters of Section 18 of the Limitation Act, is once again wholly illegal and perverse. In order to appreciate the respective arguments, it is necessary to refer to this letter and which reads as under:- Dated 07/03/2001 Shri Lakshmi Venkatesh Cargo 7, Sanyogita Colony INDORE-452001 Re: Confirmation of balance as on 31.03.98 Sir, Please confirm the following: 1. Receipt of deposit by us during financial Year 1997-98 : Rs.200,000/-

2. Closing balance as on 31.03.1998 : Rs.600,000/- The same is required for our income tax assessment proceedings u/s 143(2) for financial year 1997-98 (Assessment year 1998-99). In case we do not get any reply from you till 15.03.2001, above details will be deemed to be confirmed. Please also mention your PAN No. GIR No. & Ward/Circle where you are assessed. Thanking You, For AMBUJA CEMENT RAJASTHAN LIMITED AUTHORISED SIGNATORY 7. The trial Court has held that since this letter showed the liability only on 31.3.1998, the suit which was filed on 15.9.2003 was barred by limitation. Learned counsel for the respondent, before this Court, placed reliance upon the decision of the learned Single Judge of this Court in the case of M/s. R.K. Chemicals Vs. M/s. Kohinoor Paints Faridabad Pvt. Ltd. 115 (2004) DLT 529 to canvass that acknowledgment must be of a subsisting liability and that the letter dated 7.3.2001 does not talk of a subsisting liability but talks of a liability only due on 31.3.1998 and not on 7.3.2001. Learned counsel for the respondent has placed further reliance upon the decision of the Division Bench of Bombay High Court reported as Kashinath Vs. New Akot Ginning and Pressing Company Limited 949 INDLAW MUM 111 and which was upheld by the Supreme Court in the case bearing the same title and reported as Kashinath Sankarappa Wani Vs. New Akot Cotton Ginning and Pressingco., Limited 1958 INDLAW SC 21. 8. The argument of the learned counsel for the respondent relying upon the aforesaid decisions is clearly misplaced because a reference to the letter dated 7.3.2001 talks not of past liability but of an existing liability because reference is to a deposit existing in the books on 31.3.1998. A reference to a deposit, by its very nature, therefore, means reference was made to an amount due and payable, unless, the respondent was able to show that the liability towards the deposit was denied at any subsequent point of time. Admittedly, liability with respect to the deposit which was made during the financial year 1997-98 and was therefore a closing balance on 31.3.1998 which was due and payable as a liability towards the depositor and the aforesaid letter dated 7.3.2001 cannot by means of any stretch of imagination be interpreted to refer to a past liability. The expression past

liability is a very specific expression which deals with a specific liability which has become time barred. The very nature of the closing balance on 31.3.1998 being of a deposit is a clear cut indication that the acknowledgment is of a liability of a deposit, and which liability cannot become time barred unless the suit is not filed within three years of the date of making of a demand or within three years of refusal to make the payment of the same by the respondent so done by a letter/notice of forfeiture or seeking to refuse payment on any other ground. The decision of the Division Bench of the Bombay High Court in Kashinath (supra), and which was carried up in appeal in Supreme Court, has no application to the facts of the present case because in the said case deposit was repayable on a specific date of the end of a 12 month period, and hence it was not a deposit within the meaning of this expression as found in Article 22 of the Limitation Act, 1963. 9. In view of the above, the impugned judgment and decree is set aside. The suit of the appellant/plaintiff is held to be within limitation. Nothing contained in this judgment will, however, prejudice the right of the respondent to plead and prove its entitlement for forfeiture of the said amount if the need so arises on the accounts being taken between the parties. I, of course, hasten to add that this would be an issue which will have to be pleaded and proved by the respondent in the trial Court. With the aforesaid observations, the appeal is disposed of as allowed. Parties are left to bear their own costs. Trial Court record be sent back. 10 Parties to appear before the trial Court on 15th March, 2011. Sd/- VALMIKI J. MEHTA, J.