Facts
The Respondent (Anubandh Financial Services) advanced a loan of Rs. 30 lakhs to the Appellant in 2014.
Source reference: para. 4While the receipt of the principal is admitted, the Appellant claimed interest was only agreed upon for a three-month period.
Source reference: para. 13Between 2014 and 2019, the Appellant issued written balance confirmations acknowledging both principal and interest, and further issued a cheque in 2019 which was withheld from presentation at the Appellant's request.
Source reference: para. 14, 17The Respondent filed a summary suit under Order XXXVII of the Code of Civil Procedure (CPC) in 2024.
Source reference: no citationA Single Judge of the High Court passed a judgment and decree on June 25, 2025, directing the Appellant to pay Rs. 30 lakhs plus 10% interest from June 19, 2019.
Source reference: para. 4, 5Issues
1. Whether the suit was barred by the laws of limitation given the loan originated in 2014 and the suit was filed in 2024.
Source reference: para. 7-82. Whether the suit was maintainable under Order XXXVII of the CPC in the absence of a formal written contract for interest.
Source reference: para. 93. Whether the procedural corrections/amendments in the plaint vitiated the summary procedure.
Source reference: para. 6, 19Law Applied
Limitation Act, 1963, specifically regarding the acknowledgement of debt in writing which resets the period of limitation.
Source reference: para. 14, 16COVID-19 limitation extension principles established by the Hon'ble Supreme Court.
Source reference: para. 18Order XXXVII of the Code of Civil Procedure, 1908, which governs summary suits based on written contracts or liquidated demands.
Source reference: para. 9Principle that minor typographical or grammatical corrections in a plaint do not alter the nature and character of a suit.
Source reference: para. 19Reasoning
The Court found the Appellant’s defense to be "moonshine" because the debt was consistently acknowledged through written balance confirmations at the end of every financial year since 2014.
Source reference: para. 14-16These acknowledgments specifically included interest, negating the Appellant's claim that no written contract for interest existed.
Source reference: para. 14Regarding limitation, the Court held that the 2019 cheque issuance served as a fresh acknowledgment of liability, and the subsequent filing in 2024 was protected by the Supreme Court’s COVID-era limitation extensions.
Source reference: para. 17-18The Court dismissed the procedural objection regarding plaint amendments, noting that the Department-transcribed corrections were merely typographical/grammatical and did not shift the cause of action.
Source reference: para. 19Since no bona fide defense was raised, the Court affirmed that the Appellant was not entitled to leave to defend.
Source reference: para. 15Holding
The Court dismissed the appeal and upheld the judgment and decree of the Single Judge.
It held that the suit was within the limitation period due to continuous written acknowledgments and the benefit of the COVID-19 extension.
Source reference: para. 18The Court confirmed the Appellant's liability for the principal sum of Rs. 30 lakhs and the interest as decreed; IA No. GA-COM/1/2026 was allowed, but the main appeal APDT/10/2026 was dismissed without costs.
Source reference: para. 1, 5, 21Original Court PDF
SKIPPER FURNISHING PRIVATE LIMITEDvsANUBANDH FINANCIAL SERVICES PRIVATE LIMITED AND ANOTHER
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