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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, N.SENTHILKUMAR
Dee-Tech Project Private Limited (DPPL), Through its Director – Appellant
Versus
TK Elevator India Private Limited, (Formerly Known as Thyseenkrupp Elevator (India) Private Limited – Respondent
| Table of Content |
|---|
| 1. background facts and trial court proceedings (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. appellant's arguments on limitation and liability (Para 7 , 8 , 9 , 10 , 11 , 13 , 14 , 15) |
| 3. respondent's counter arguments (Para 16) |
| 4. court analysis on limitation and warranty (Para 18 , 19 , 20 , 21 , 23 , 24 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. appeal allowed, suit dismissed (Para 34 , 35 , 36) |
JUDGMENT :
P. VELMURUGAN, J.
This Appeal Suit has been filed by the appellant/defendant challenging the judgment and decree dated 08.10.2025 passed in C.O.S. No.501 of 2022 on the file of the learned Additional Commercial Court, Egmore, Chennai, whereby the suit filed by the respondent/plaintiff for recovery of money was partly decreed. Originally, the suit was instituted as C.S. No.296 of 2015 on the file of this Court. Subsequently, the suit was transferred and renumbered as O.S.No.3621 of 2019 on the file of the learned VII Additional City Civil Court, Chennai. Thereafter, upon constitution of the Commercial Court and having regard to the commercial nature of the dispute, the matter was again transferred and renumbered as C.O.S. No.501 of 2022 on the file of the learned Additional Commer
Unilateral invoice without acknowledgment does not extend limitation for contract payment claims; warranty period does not postpone cause of action.
Article 113 of the Limitation Act reads as Any suit for which no period of limitation is provided elsewhere in the Schedule, the period of limitation is three years and the time begins to run when th....
The main legal point established is that the existence of an arbitration agreement does not preclude a party from filing a suit, and the applicability of the Limitation Act, 1963 to determine the tim....
The suit was within limitation as the cause of action accrued upon the non-payment of the final bill, and not completing the price escalation calculations per the contract terms invalidated the defen....
Fraud allegations require specific pleadings with particulars under CPC Order VI Rule 4; vague pleas rejected. Limitation for work recovery runs from contract-specified final bill settlement date. Pr....
Limitation periods cannot be extended by mere correspondence; cause of action arises once payments are due, independent of certifications or reminders.
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