Order 8

Order Details: COPY OF ORDER
Pdf Text: 5 CS (COMM.) 330/23
ARDH SAINIK CANTEEN Vs. CAM INFOTECH
21.01.2025
Present: Sh. Sarabjeet Singh, Ld. Counsel for plaintiff.
Sh. Rahul Bhardwaj, Ld. Counsel for defendant (
defence
already lying struck off)
Today, the matter is listed for PE.
Today, an application u/o 7, Rule 11 CPC has been filed by
the defendant inter alia seeking to non-suit the plaintiff on the ground of
limitation. Admittedly, plaintiff had made last payment to the defendant on
05.02.2019 whereas the suit was filed on 01.05.2023.
As per the judgment of the Hon’ble Supreme Court dated
10.01.2022 in Suo Moto Writ Petition (C) No.3/2020, whereby the period
w.e.f 15.03.2020 to 28.02.2022 has to be deleted from being reckoned
towards the limitation period. Therefore, the period of more than one and a
half years was the remainder period in view of the aforesaid judgment of
the Hon’ble Supreme Court and as such the present suit is within the period
of limitation.
The application being meritless stands dismissed with
payment of cost of Rs.5,000/- by defendant to the plaintiff within 15 days.
At this stage, PW1 Ms. Jyoti, AR of plaintiff has been further
examined in chief. Opportunity for cross-examination given, ‘Nil’ recorded.
No other PW is sought to be examined. Separately, statement of PW1 has
been recorded in this regard. Ex parte PE accordingly stands closed.
List for final arguments on 20.03.2025.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/21.01.2025
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