In Shakti Bhog Food Industries Ltd. v. The Central Bank of
India and Anr.1, the Hon'ble Supreme Court has
clarified as to when the three-year limitation period contemplated
under Article 1132 of the Limitation Act, 1963
(Act), commences. It has also reiterated the
importance of considering the averments made in a plaint as a whole
while determining an application for rejection of plaints under
Order VII Rule 113 of the Code of Civil Procedure,
1908 (CPC).
Factual Background
The respondent (Respondent Bank) had extended a
financial facility to one of its current account holders
(Appellant), with effect from April 1, 1997, until
October 2007. However, in July 2000, the Appellant realised that
the Respondent Bank had been unilaterally and arbitrarily charging
interest/ commission at the rate of Rs. 4 per thousand rupees on
local cheques and drafts in violation of the assurance given
earlier. Upon noticing this discrepancy, the Appellant addressed a
letter to the
