Final Order 5

Order Details: COPY OF ORDER
Pdf Text: 8 CS 1/25 M/S FLOWELL INDIA Vs. M/S GUPTA AGRO PLASTIC
AGENCIES
19.01.2026
Present: Sh. S Hussain, Ld counsel for the counter claimant (through VC).
Matter is passed over till 10:30 A.M.
(VINIK JAIN)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/19.01.2026
At 10:40 A.M
Present: Ms. Meenakshi, Ld counsel for the counter claimant.
The arguments on the maintainability of the present suit heard.
The present suit has been filed as a counter-claim to the suit already filed by
the proposed defendant against the plaintiff herein. As per the counter-claim,
plaintiff/counter-claimant started doing business with the defendant from the
month of March 2018. In April 2018, it came to the notice of the counter
claimant that the defendant had supplied them material at the higher prices
than the actual market price. The counter-claimant had paid an extra amount of
Rs. 1,96,484.29/- till March 2019 of material supplied by proposed defendant
till September 2018. Thus, it is prayed by way of this suit for the recovery of
Rs. 1,96,484.29/- from proposed defendant.
Record perused.
As per the pleadings, till March 2019, an excess amount of Rs.
1,94,484.29/- has been paid by the counter-claimant to the plaintiff. It is a
settled law that the counter-claim has to be filed with three years from the date
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of accrual of right to sue.
Ld. counsel for the counter-claimant/plaintiff has relied on the
judgment of Hon’ble High Court in Vishal Hira Merchant Pvt. Ltd. & Ors
vs HDFC Bank (2027) 2 CURCC 144. In this judgment also, the limitation
period for filing the counter-claim has been affirmed to be three years from the
date of accrual of cause of action.
It is submitted by the Ld. counsel for the counter-claimant that the
right to sue arose when the suit was filed by the proposed defendant herein
against the plaintiff herein. This argument is misplaced as right to sue accrued
to the counter-claimant/plaintiff herein in March 2019 itself when the excess
payment was made by the counter-claimant to the proposed defendant.
Thus, the suit is barred by the limitation and the plaint is
accordingly rejected under Clause (d) of Order 7 Rule 11 CPC read with
section 3 of Limitation Act.
File be consigned to Record Room.
(VINIK JAIN)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/19.01.2026
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