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DELHI HIGH COURT
V.KAMESWAR RAO
Shivalaya Construction Company Pvt. Ltd. – Appellant
Versus
Container Corporation on India Ltd. – Respondent
| Table of Content |
|---|
| 1. grounds for rejecting suit under limitation (Para 1) |
| 2. timeline of construction work and payments (Para 2 , 3 , 4) |
| 3. contrasting arguments on payment and claims (Para 5 , 6 , 7 , 8 , 9) |
| 4. determining limitation issue through evidence (Para 10 , 11) |
| 5. supreme court clarifications on limitation (Para 12 , 13) |
| 6. dismissal of application regarding limitation (Para 14 , 15 , 16 , 17) |
ORDER
I.A. 9206/2019
1. This is an application filed by the defendant No.1 for rejecting the suit under Order VII Rule 11 of CPC primarily on the ground that the suit is barred by limitation.
2. The relevant averments in the application are that on July 11, 2012, the work for construction of pavement including GSBC, WBM and Cement concrete base and allied works for handling the yard at Multimodel Logistic Park Khatuwas, Rajasthan was awarded by the defendant No.1 to the plaintiff. The actual date of completion of the work was March 14, 2013. It is the conceded case of the parties that the completion of the work was extended till December 13, 2013.
3. It is also the conceded case of the parties that the work was actually completed on February 15, 2014. The final bill was prepared in J
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