JAI SHIV STEEL ENTERPRISES Vs. MANISH AGGARWAL

JUDGEMENT

(1.) This appeal has been filed by the appellants challenging the order dtd. 6/9/2021 passed by the learned District Judge (Commercial Court)-02, District West, Tis Hazari Courts, Delhi in Suit being CS(COMM) No.260/2021, dismissing the suit filed by the appellant as being barred by limitation and accordingly, rejecting the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908.

(2.) The above suit was filed by the appellants seeking a recovery of 7,00,121/- (Rupees Seven Lakhs One Hundred Twenty One only) along with interest from the respondents, alleging therein that the respondent no.1 is the nephew of the appellant no.2 and the proprietor of respondent no.2.

(3.) The plaint further alleges that the respondents had purchased old iron Rails unserviceable items from the appellants and also got an amount of 1,00,000/- (Rupees One Lakh only) through cheque dtd. 18/4/2015. The respondent no.1 had agreed to pay interest at the rate of 18% per annum of due amount. The appellants claimed that the respondents were liable to pay a sum of 3,36,597/- (Rupees Three Lakhs Thirty Six Thousand Five Hundred Ninety Seven only) and also interest at an agreed rate of 18% per annum amounting to 3,63,524/-(Rupees Three Lakhs Sixty Three Thousand Five Hundred Twenty Four only) from 1/4/2015 to 31/3/2021, thereby totaling of an amount of 7,00,121/-. It was averred that as the respondents failed to pay the said amount, the appellants claimed the same by way of a legal notice dtd. 13/10/2020. The respondents, however, by reply dtd. 26/10/2020 denied the liability. The appellants thereafter issued a rejoinder notice dtd. 8/11/2020, however, as the amount was still not paid nor the respondents appeared before the New Delhi District Legal Services Authority for pre-litigation mediation, the appellants filed the above suit seeking recovery of the amount due.