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2019 Supreme(Del) 1000

SANJEEV NARULA
Ancient Infra-Tech (Pvt. ) Ltd. – Appellant
Versus
National Buildings Construction Corporation Ltd. – Respondent


Advocates Appeared:
Tarun Vaid, Adv., Vishal K Panwar, Adv., Sanjeev Mahajan, Adv.

JUDGMENT :

Sanjeev Narula, J.

I.A. 1322-1323/2019 (Exemption)

Exemption allowed, subject to all just exceptions.

IA No. 1321/2019 & IA No. 1324/2019 in I.P.A. 1/2019

2. The Petitioner by way of present application under Order XXXIII Rule 1 read with Section 151 Code of Civil Procedure, 1908 (herein after referred to as 'CPC') seeks permission to file a suit as forma pauperis and consequently prays for exemption from paying court fee. The application is accompanied with a proposed commercial suit under Section 2(1) (C) (vi) and Code 36006 of the Commercial Courts Act, 2015 for recovery of Rs. 22,87,46,277.10/- along with pendente lite and future interest at the rate of 24% per annum w.e.f. 1st April 2018.

3. On 14th March 2019, without service of notice, Respondents No.1 & 2 entered appearance through Counsel. Relying upon Order XXXIII Rule 5 (f) of CPC, Respondents prayed for rejection of the application on the ground that the suit is barred by law of limitation. The Petitioner filed written submissions and the counsels have been heard on this issue. Brief Facts

4. In order to decide



































































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