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2009 Supreme(Del) 829

VIKRAMAJIT SEN, V.K.JAIN
ITPO – Appellant
Versus
V. MEERA – Respondent


Advocates Appeared:
Mr. Jayant Bhushan, Sr. Adv. with Mr Ravi Sikri, Mr. Ayushya Kumar and Mr. Gautam Talukdar, Advs.
Mr. Maheshwar Dass, Adv. for Respondent No.3 Mr. Jayesh Kumar, Adv. for Respondent No.4 Mr. Suresh Bharti, Adv. for Respondent No.7 Mr. Suman Doval, Adv. for Respondent No.10 Mr D.K.Garg and Mr Vijay Pratap Singh, Advs.for Respondent No.18 Sheikh Imran Alam, Adv. for Respondents Nos.5, 19 and 20 Mr Akhilesh Arora, Adv. for Respondent Nos.11 to 14

VIKRAMAJIT SEN, J.

1.In this Appeal, the Plaintiff has laid siege to the Order dated 12.10.2006 passed by the learned Single Judge dismissing the suit on the finding that it was clearly barred by limitation. The Appellant/Plaintiff has filed a suit for recovery of Rupees 1,08,00,000/- against twenty of its employees, together with three other persons (Defendants No.20-22) as beneficiaries of the defalcation allegedly carried out by Defendant Nos.1-19. In the Plaint, it has been averred that the Vigilance Department had received information in December, 1996 in respect of this defalcation. The Department submitted its Report in July, 1997. It appears that the Central Bureau of Investigation (CBI) had registered a First Information Report against all the Defendants and filed a Chargesheet on 5.11.1997. Reliance has been placed by the Plaintiff on several documents and actions carried out between 19.8.1997 and March, 1998. All this is succinctly stated in the cause of action paragraph of the Plaint, which is in these words ² ´That the cause of action arose for the first time on 14.7.1997 when the Vigilance Department submitted its report for further investigation. It further arose in












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