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2024 Supreme(Online)(DEL) 11212

HIGH COURT OF DELHI
MR. JUSTICE DHARMESH SHARMA, J
DELHI TECHNOLOGICAL UNIVERSITY – Appellant
Versus
CHANDER PRABHA – Respondent


Advocates:
Ms. Avnish Ahlawat, SC with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam & Mr. Monish Sehrawat, Adv. / Mr. Jatin Arora, Adv.

JUDGEMENT

1. This judgment shall decide the instant civil revision petition filed by the petitioner under Section 115 of the Code of Civil Procedure , 19081 assailing the impugned order dated 27.08.2022 and consequential order dated 15.11.2022 passed by the learned District Judge (Commercial), Rohini Courts2, New Delhi, in CS(Comm) No. 379/2020 titled as “Chander Prabha vs. Delhi Technological University” wherein the petitioner’s application under Order VII Rule 11(d) of the CPC read with Section 3 of the Limitation Act , 1963 was dismissed.

1 CPC 2 Trial Court

2. The petitioner herein is the Delhi Technological University3, constituted under the Delhi Technological University Act4, 2009. The financial powers of the University are exercised by the Finance Committee, which is regulated by the Board of Management under Section 23 of the DTU Act and also the financial rules framed by the Government of India are followed by the University from time to time whilst dealing with contracts and other financial matters.

FACTUAL BACKGROUND:

3. The respondent/plaintiff in the present lis filed a Civil Suit (Comm) bearing No. 379/2020 titled as “Chander Prabha V. Delhi Technological Univer

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