Supreme Court Ruling on Balance Sheet Acknowledgment Renewing Limitation Under Section 18
Parties: Laxmi Pat Surana v. Union Bank of India & Another
A corporate debtor defaulted on working capital facilities sanctioned by a consortium led by Union Bank of India. Over 4 years had elapsed between the initial loan default and the institution of recovery proceedings under insolvency and debt recovery laws. The borrower contended that the recovery claim was dead on arrival, being barred by the 3-year limitation rule under the Limitation Act, 1963.
The Supreme Court of India held that an entry made in the books of accounts, balance sheets, or annual financial statements of a corporate debtor or personal borrower constitutes an unequivocal, valid acknowledgment of liability under Section 18 of the Limitation Act, 1963. Such signed or certified balance confirmations reset the statutory limitation period, causing a fresh three-year period to run from the date of the signing of each financial statement, thereby keeping aged bank debt fully recoverable.