IA No.15408/2016 (of the defendant under Order VII Rule 11 of the CPC)

1. The defendant, in this suit for recovery of Rs.1,82,20,511/-, seeks rejection of the plaint on the ground of claim therein being barred by time and this Court not having territorial jurisdiction to entertain the suit.

2. The plaintiff has instituted this suit pleading (i) that the defendant awarded purchase orders dated 17th January, 2011, 11th January, 2012, 16th October, 2012, 21st February, 2013 and 20th June, 2013 to the plaintiff for supply of fabricated structural steel as per specifications contained in the purchase orders; (ii) that as per the purchase orders, the supplies were for different periods and were to commence and end on different dates, the latest falling in 2013-14; (iii) that the plaintiff made the supplies in accordance with the purchase orders and the defendant acknowledged the same by way of certificate dated 1st October, 2013; (iv) that for the supplies made, the plaintiff raised invoices totaling Rs.92,72,37,881/- and against which the defendant has paid Rs.91,38,40,448