JUDGMENT

Navin Chawla, J. (Oral)

CM 42323/2021(exemption)

Allowed, subject to all just exceptions.

RFA(COMM) 22/2021

1. This appeal has been filed by the appellants challenging the order dated 06.09.2021 passed by the learned District Judge (Commercial Court)-02, District West, Tis Hazari Courts, Delhi in Suit being CS(COMM) No.260/2021, dismissing the suit filed by the appellant as being barred by limitation and accordingly, rejecting the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908.

2. The above suit was filed by the appellants seeking a recovery of 7,00,121/- (Rupees Seven Lakhs One Hundred Twenty One only) along with interest from the respondents, alleging therein that the respondent no.1 is the nephew of the appellant no.2 and the proprietor of respondent no.2.

3. The plaint further alleges that the respondents had purchased old iron Rails unserviceable items from the appellants and also got an amount of 1,00,000/- (Rupees One Lakh only) through cheque dated 18.04.2015. The respondent no.1 had agreed to pay interest at the rate of 18% per annum of due amount. The appellants claimed that the respondents were liable to pay a sum of 3,36,597/- (Rupees