CS(COMM) 164/2023 Page 1 of 9

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on

: 13.09.2023

%

Pronounced on

: 08.12.2023

+

CS(COMM) 164/2023

IN THE MATTER OF:

YAJUR COMMODITIES LTD.

..... Plaintiff

Through:

Mr. Kamal Mehta, Mr. Abhishek

Chauhan and Ms. Srishti Ahuja,

Advocates.

versus

SURESH ASRANI

..... Defendant

Through:

Mr. Ritesh Chowdhary, Mr. Soumik

Ghosal

and

Mr.

Nirav

Shah,

Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

JUDGMENT

I.A. 13423/2023 and I.A. 5638/2023

1. By way of I.A. 13423/2023 filed under Order VII Rule 11 CPC,

defendant seeks rejection of plaint on the ground that it is barred by

limitation. Plaintiff, on the other hand, vide its I.A. 5638/2023 under Section

14 of the Limitation Act seeks exclusion of 2292 days spent in pursuing its

suit before Bombay High Court, a period of 27 days spent in seeking legal

opinion in the matter and in instituting and pursuing mandatory pre-

litigation mediation under the Commercial Court Act and a further period of

4 days in preparing and filing the present suit in this