CALCUTTA HIGH COURT
Krishna Rao, J.
Anubandh Financial Services Private Limited v. M/s Skipper Furnishing Private Limited
1. The defendants have filed an application being G.A. (Com) No.2 of 2024 praying for condoning the delay of one (1) day in filing the present application and for grant of leave to defend the suit.
2. Mr. Debrup Mukherjee, Learned Advocate representing the defendants submits the suit filed by the plaintiff is barred by limitation as the last cause of action alleged to have arose on 1st October, 2019 and time to file suit expired on 1st October, 2022 but the plaintiff has filed the present suit on 21st May, 2024. He submits that even the benefit of the order passed by the Hon'ble Supreme Court in Suo Moto case during the Covid - 19 period is given effect to, the period of limitation expired on 1st October, 2022.
3. Mr. Mukherjee submits that the suit filed by the plaintiff is bad for mis - joinder of parties. He submits that as per the case of the plaintiff, they had lent and advanced money to the defendant No.1 and there is no privity of contract between the plaintiff and defendant No.2. He submits that the defendant No.2 is only a Director of the defendant No.1. The defendant No.1 is a separate legal entity and the plaintiff having entered into a transaction with the defendant N
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