* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 19.11.2015 % Judgment delivered on: 17.12.2015 + RFA 56/2014 KOTAK MAHINDRA BANK LTD. ..... Appellant Versus ANUJ KUMAR TYAGI ..... Respondent Advocates who appeared in this case:

For the Petitioner: Ms P. Rungta and Mr. Prashant Singh, Advocates.

For the Respondent:

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J

1 This is an appeal preferred against the judgment and decree dated 16.09.2013, passed by the learned Additional District Judge (In short the ADJ). By virtue of the impugned judgement, the appellant‟s suit for recovery has been dismissed on the sole ground that it is barred by limitation.

1.1 The learned ADJ has come to this conclusion based on a perusal of the statement of accounts (Ex. PW1/9) filed by the appellant, which is dated 31.10.2009. As per the said statement of account, the last transaction with the respondent took place on 11.08.2008. The learned ADJ thus, concluded, that since, the suit was filed on 20.07.2012, it was “hopelessly” barred by limitation.

1.2 Since the respondent, during the course of the proceedings, chose not to appear before the trial court, he was proceeded ex parte, afte