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2022 Supreme(Del) 707

YASHWANT VARMA
Fortune Builders Pvt. Ltd. – Appellant
Versus
Blue Star Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sanjeev Sindhwani, Sr. Adv. with Mr. Sanjay Dua, Adv.
For the Respondent: Mr. Jeevesh Nagrath, Mr. Harshit Agarwal and Mr. Kamal Kumar, Advs.

JUDGMENT :

1. The plaintiff/petitioner assails the order of 19 November 2018 passed by the Trial Judge rejecting an application made by it purporting to be under Order VII Rule 11 of the Civil Procedure Code, 19081. The application itself had come to be made with respect to a counter claim which was instituted by the defendant/respondent on 15 March 2018. The suit instituted by the plaintiff was essentially a money claim seeking the issuance of a decree for a sum of Rs. 36,07,194/- together with interest @ 24% per annum being rendered in favour of the petitioner. In terms of the counter claim which was preferred, the defendant/respondent sought a decree against the petitioner for a sum of Rs. 47,99,228/- together with interest @ 20% per annum. The Trial Judge while dealing with the rival contentions and the prayer for rejection of the plaint noticed that the principal contention of the petitioner was that the counter claim was barred in terms of the provisions made in the Limitation Act 1963 [Act]. The case set forth by the petitioner in support of the invocation of Order VII Ru

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