Rajiv Sahai Endlaw, J.

1. The two plaintiffs have instituted this suit on 27th March, 2010 for recovery of damages in the sums of US$ 8,69,387.67 equal to Rs.4,02,00,486/- with pendente lite and future interest jointly and severally from the five defendants.

2. Summons of the suit were issued and a joint written statement has been filed by the defendants and to which a replication has been filed by the plaintiffs. The parties were referred to the Mediation Cell of this Court, which remained unsuccessful. The parties have filed affidavits of admission / denial of each other’s documents.

3. The suit was listed on 28th March, 2014 for framing of issues. While the counsel for the plaintiffs did not propose any issues, the senior counsel for the defendants handed over proposed issues including on the aspect of limitation. Perusal of the pleadings for the purposes of framing of issues having prima facie shown the suit to be barred by time, the counsels were heard on the said aspect and orders reserved with the observations that if the suit is held to be within time, issues shall be framed.

4. The case in the plaint is:-

(i) that the plaintiff no.1 is the proprietor and the CEO