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2023 Supreme(Online)(DEL) 6252

HIGH COURT OF DELHI
M S CICO TECHNOLOGIES LIMITED THROUGH ITS AUTHORIZED REPRESENTATIVE MR. SANDEEP CHATTERJEE – Appellant
Versus
MS ANITA AGARWAL PROPRIETOR OF M/S SHRI MAHADEV INDUSTRIES – Respondent


J U D G M E N T

MANMOHAN, J: (ORAL)

1. Today, learned counsel for the Appellant-Plaintiff has handed over in Court an affidavit of service. In the said affidavit it has been stated that the Respondent has been served with summons by Post, WhatsApp and Email.

The said affidavit is taken on record.

2. Consequently, this Court has no other option but to proceed ex-parte against the Respondent-Defendant.

3. It is pertinent to mention that the present appeal has been filed challenging the order dated 19th September, 2021 passed by the learned District Judge in CS (COMM) 378/2021, whereby the suit was dismissed on the ground of limitation.

4. Learned counsel for the Appellant-Plaintiff states that the Appellant- Plaintiff and the Respondent-Defendant were maintaining current, running and non-mutual account and the last transaction between the parties happened on 31st August, 2017 i.e. date of last delivery of products by the Appellant-Plaintiff to the Respondent-Defendant. She states that the period of limitation for filing the suit would start running from 1st January, 2018 and was supposed to end on 1st January, 2021. She, however, states that in view of the order of the Supreme Court in In

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