Order 6

Order Details: COPY OF ORDER
Pdf Text: CS No.121/2025
Krishna and Saurastri Associates LLP vs N V Distilleries Pvt. Ltd.
10.08.2026
Present : Sh. Saket, Ld. Counsel for the plaintiff.
Sh. Raahithya, Ld. Counsel for the defendant.
Matter is listed today for arguments on preliminary
issues with respect of issue of limitation and the issue of instant suit
being barred under the provisions of Commercial Court Act, 2015.
At this juncture, Ld. Counsel for defendant submits that
since the legal services provided by plaintiff are not commercial
services, therefore, he is not pressing the issue no. 4 with respect to
the bar of the instant suit under the provisions of Commercial Act.
Accordingly, issue no.4 is dismissed being not pressed.
Accordingly, issue no.3 with respect to limitation is
taken up for arguments.
Plaintiff is seeking recovery of the outstanding legal
fee upon the strength of invoices dated 31.03.2016, 24.09.2021,
08.12.2021 and 18.02.2022.
With respect to the first claim under invoice dated
31.03.2016, counsel for plaintiff argues that the defendant had
furnished a written acknowledgment by way of an email. He has
drawn my attention to one of the emails dated 08.12.2021, which
evidently is after the expiration of the limitation period. Counsel for
plaintiff submits that there are other written acknowledgments and
he shall point out the same but he needs some time for the same.
With respect to the other two invoices dated 24.09.2021
and 08.12.2021 counsel for plaintiff has placed reliance upon the
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judgment of Hon’ble Supreme Court of India in, in Suo Motu writ
petition (C) no.3/2020, DOD: 10.01.2022. Upon being pointed out
that as per para no. 5 (II) of the said order, the limitation period shall
commence from 01.03.2022 and shall come to an end on
28.02.2025, whereas the suit, as per the plaintiff’s claim, came to be
filed on 12.03.2025, which is beyond the period of limitation.
However, counsel for plaintiff submits that the time invested in the
pre institution mediation needs to be excluded.
Upon specific query by this court about the provision
under which the pre-instutition mediation time in an ordinary civil
recovery suit can be excluded, counsel for plaintiff seeks a short
adjournment.
Adjournment plea is vehemently opposed.
Still in the interest of justice, I deem it appropriate to
grant some time to the plaintiff, subject to cost of Rs.5000/- to be
paid to the defendant, to assist the court on the abovmentioned
points.
List the matter for 26.11.2026.
Pending costs, if any, be paid on NDOH.
(Dharmender Rana)
District Judge – 01
PHC/New Delhi/10.08.2026
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