JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Being aggrieved by order No. 56 dated 19.07.2021 and order No 59 dated 16.11.2021 passed by Learned Judge, Commercial Court at Asansol in Money Suit No. 06 of 2020 present application has been preferred.

2. Petitioner contended that the petitioner filed a money suit for recovery of Rs. 8,63,64,478/- against the defendant/petitioner in the court of the learned Civil Judge (Senior Davison), Bankura which was registered as Money Suit No. 25 of 2015. The proceedings of the suit continued and evidences were placed and cross examination was continuing. On 28.11.2019 the defendant/petitioner filed an application under section 15(2) of the Commercial Courts Act, 2015 for transfer of the case to the Designated commercial Court at Asansol and it was accordingly transferred and renumbered as Money Suit No. 6 of 2020.

3. The petitioner/defendant filed an application for rejection of plaint before the learned Commercial Court at Asansol inter-alia on the ground of limitation stating that the alleged claim which the plaintiff had put forth pertained to period prior to September, 2011 and the plaint was filed on September 30, 2015 and as such the claim ought to