KAILASH GAMBHIR, J. I.A. No. 15427/2010(O. 7 Rule 11 of CPC)

1. By this application moved under Order 7 Rule 11 r/w Section 151 of CPC, the defendant seeks rejection of the plaint on the ground that the present suit filed by the plaintiff is barred by limitation under Order 7 Rule 11 (d) of the Code of Civil Procedure.

2. Before I proceed to decide the present application, it would be necessary to give a brief background of the facts of the present case. The plaintiff is a private limited company which is engaged in the business of interior decoration, furnishing and renovation work etc. and was given the contract by the defendant to carry out the renovation and interior works in their new and old buildings. On 16.7.98, the contract for the value of Rs.1,77,97,347.90 was awarded by the defendant in favour of the plaintiff for the new building and on 1.8.98 the contract for the value of Rs.59,73,075.90 was awarded for the old building. The plaintiff executed both the said awarded contracts including extra/additional jobs arising during the pendency of the said contract and finally the new building was completed and occupied on 13.12.99 with the recording of its virtual comp