JUDGMENT :

R. SUBRAMANIAN, J.

Prayer: Original Side Appeal (CAD) filed under Section 13 of the Commercial Courts Act, 2015 and Order XXXVI Rule 1 of the Original Side Rules, to set aside the fair and decretal dated 19.08.2021 and made in Application No. 2087 of 2021 in C.S. No. 72 of 2020.

1. Aggrieved by the order of the learned Single Judge passed in Application under Order VII Rule 11(d) of the Code of Civil Procedure rejecting the plaint on the ground that the suit is barred by limitation, the plaintiff is on Appeal.

2. The suit was launched by the plaintiff for recovery of a sum of Rs. 2,57,91,638/- with interest at 18% from the date of plaint till date of realization. The short facts that led to the filing of the suit are as follows:

3. The defendant called for a tender for purchase of certain machineries for the Industrial Training Institutes run by it. The total value of the machineries was about Rs. 6,86,93,549/-. Orders were placed on 06.06.2012 for supply of the machineries.

4. The plaintiff/appellant herein had supplied machineries worth Rs. 4,97,14,956/- and the defendant had paid a sum of Rs. 2,39,23,318/-. The balance amount was not paid. This led to the plaintiff filing a