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2024 Supreme(Jhk) 215

PRADEEP KUMAR SRIVASTAVA
V-E Commercial Vehicles Ltd. , represented through Dharmender Gaunigel – Appellant
Versus
Chanani Transports, Dist. Ramgarh, Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Mrs. Gunjan Sinha, Adv., Mr. Nikhil Kumar Mehta, Adv.
For the Respondent: Ms. Amrita Sinha, Adv.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. The instant appeal is directed against the judgment/order dated 11.09.2015 passed by learned Civil Judge, Senior Division Ist, Hazaribagh (now Ramgarh) whereby and whereunder Title Suit No. 08 of 2015 instituted by the appellant has been dismissed under Order VII Rule 11 (d) on the ground of barred by limitation.

2. The factual background of this case in nutshell is that the title suit was instituted by the appellant before the court below asking relief for mandatory injunction for direction to the defendant to submit C-Forms in respect of sale of 5 trippers from the appellant in the month of November, 2010 worth Rs. 3,16,20,000/-(Three Crores Sixteen Lacs and Twenty Thousand Only). A petition under Section 14 of the Limitation Act was also filed for condonation of delay of 214 days in filing the said title suit.

The specific case of the appellant/plaintiff before the court below is as follows:-

    (a) Plaintiff i.e. V-E Commercial Vehicle Limited is a 50-50 joint venture between Volvo Group and Eicher Motors Limited.

(b) The defendant M/s Chanan

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