AVINASH RANA Vs. DSIIDC LTD

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal is to the impugned order of the Trial Court dated 20.9.2011 refusing to grant the benefit of Section 14 of the Limitation Act, 1963 to the appellant/plaintiff.

(2.) THE facts of the case are that the appellant/plaintiff was the allottee of the industrial plot no.2474, Sector B, Narela Industrial Complex, New Delhi, however, as the possession of the plot was not being handed over to the appellant/plaintiff, the appellant/plaintiff filed a writ petition being WP(C) No.6200/2004 titled as Avinash Rana vs. DSIDC Ltd. In this writ petition, a learned Single Judge of this Court finding the inaction of the respondent to be gross, observed that even in the writ petition imposing of liability with respect to delay in handing over possession to the petitioner, and who is the appellant in the present appeal, would be considered. The following order was passed in the writ petition i.e. WP(C) 6200/2004 on 1.2.2005:-

(3.) THE subject suit thereafter came to be filed on 27.8.2009, and in which, an application was filed under Section 14 of the Limitation Act, 1963 to exempt the application of period of limitation from 1.2.2005 when the order was passed in the writ petition to 16.2.2009, and also from 16.2.2009 till 20.3.2009 when the prayer of the appellant/plaintiff for exemption from payment of interest charges was declined by the respondent/defendant.