JUDGMENT :

Krishna Rao, J.

1. The defendant has filed the present application for dismissal of C.S No. 128 of 2018 on the ground that in the plaint itself the plaintiff has admitted that the cause of action to file the suit arose in the year 2008 and in the year 2011, admittedly, the suit is barred by limitation.

2. The defendant further contended that the plaintiff had relied upon the dates March 8, 2012 and March 7, 2012 when the plaintiff had made the final payment in respect of all accounts to the defendants and the suit is filed in the year 2018 which is barred by limitation.

3. The defendant further contented that the plaintiff has instituted the suit in the Commercial Division without seeking leave to dispense with the pre-institution mediation as contemplated under the Commercial Courts Act, 2015.

4. The plaintiff has filed the suit against the defendant for decree of Rs. 8,57,19,563/-along with interest and damages against the defendant bank.

5. Mr. Debmalya Ghosal, learned Counsel for the defendant has drawn the attention of this Court to the paragraphs 14, 22, 32, 33 and p