Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
You have successfully created your account,
now you can explore our platform with Lifetime Free Plan
RFA(COMM) 446/2024, STAR PROPWELL PVT LTD, State Bank of India, Limitation Act, Section 14, commercial court, recovery suit, writ petition, refund, upfront fees
10 Mar, 2026
Listen in 00:58 mins | Read in 25:30 mins
As per case facts, a company (Plaintiff/Appellant) sought a loan from a bank (Defendant) for a real estate project, depositing upfront charges. Despite the loan being sanctioned, disputes arose, leading
...the company to file writ petitions for loan disbursement and later, alternatively, for the refund of deposited fees. After withdrawing the writ petition with liberty to pursue other remedies, the company filed a recovery suit. The Commercial Court dismissed this suit as time-barred, refusing to apply the benefit of a specific limitation statute. The question arose whether the Commercial Court was justified in ruling the suit time-barred and denying the benefit of Section 14 of the Limitation Act to the Plaintiff. Finally, the High Court determined that the cause of action accrued later than initially presumed, given the bank's continued engagement. It concluded that the Commercial Court incorrectly denied the benefit of Section 14, as the Plaintiff had pursued prior legal remedies with due diligence and good faith, and the relief sought for refund in the suit was consistent with the amended prayer in the earlier proceedings. Consequently, the High Court set aside the lower court's judgment, remitting the case for further adjudication on its merits.
This is a faithful reproduction of the official record from the e-Courts Services portal, extracted for research.
To ensure "Contextual Integrity," all AI insights must be cross-referenced with the official PDF,
which remains the sole authoritative version for judicial purposes.
This platform provides research aids, not legal advice; verify all content against the official Court Registry before legal use.
Legal Notes
Add a Note....