$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21.08.2024 + FAO(OS) (COMM) 43/2023 CONTAINER CORPORATION OF INDIA LIMITED .....Appellant Through: Mr Vivek Singh, Mr C P Rajwar, Mr Savyasachi Rawat, Mr Rohan Chgandra and Ms Ananay Mago, Advocates.

Versus M/S SHIVALAYA CONSTRUCTION COMPANY PRIVATE LIMITED & ANR. .....Respondents Through: Mr Kiran Suri, Sr Advocate with Mr Hitendra Nath Rath, Ms Laxmi and Ms Vidushi Garg, Advocates for R1.

Ms Eshna Kumar and Ms Jasleen Singh Saudha, Advocates for R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE SACHIN DATTA VIBHU BAKHRU, J.

1. The appellant has filed the present appeal impugning an order dated 16.11.2022 (hereafter the impugned order) passed by the learned Single Judge in CS (COMM) No.4/2019 whereby the application filed by the appellant (arrayed as defendant no.1 in the suit) under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereafter the CPC), was rejected.

2. The appellant had filed the said application claiming that the suit preferred by the respondent (plaintiff in the suit) was barred by limitation.

3. The principal question that arises at the threshold is regarding the maintainability of t