SSP LIMITED, DEAN CLOUGH, HALIFAX, WEST YORKSHIRE HX3 5AX, UNITED KINGDOM Vs. HEWLETT PACKARD INDIA SALES PRIVATE LIMITED, HOSUR MAIN ROAD, ADUGODI, BANGALORE AND ANOTHER

JUDGEMENT

(1.) This revision is by defendant 2 in O.S. No. 1683 of 2014 on the file of VIII Additional City Civil and Sessions Judge (CCH-15), Bengaluru, impugning the order dated 11-4-2016, wherein application in I.A. No. 2 filed by it under Order 7, Rule 11 (a) read with Sec. 151 of the Code of Civil Procedure, 1908 seeking rejection of plaint on the ground that it is barred by Art. 55 of the Limitation Act, 1963, is rejected.

(2.) Admittedly, the aforesaid suit is filed by respondent no. 1 herein for the relief of a decree directing defendants 1 and 2 jointly and severally to: pay a sum of Rs. 43,46,36,407.00 as damages for the alleged loss said to have suffered by the plaintiff and refund a sum of Rs. 6,31,18,224.00, which is inclusive of Rs. 45,70,800.00 paid by the plaintiff to defendants under invoices mentioned in the plaint and Rs. 5,85,47,424.00 paid by United India Insurance Company Limited (UIIC) directly to defendants. Plaintiff has also sought for consequential relief of awarding pendente lite and future interest at the rate of 18% per annum from the date of the suit till the date of realisation.

(3.) Defendant 1 in the suit - SSP Sirius Limited, who is arrayed as respondent no. 2 in this proceedings, is a formal party and it is sailing with revision petitioner, who is defendant no. 2 in the Court below. Revision petitioner has not sought for any relief against respondent no. 2, who is served with notice and represented by Counsel in this proceedings.