(1.) The present appeal, filed under Sec. 96 read with Order XLI of the Code of Civil Procedure, 1908 'CPC' and Sec. 13 of the Commercial Act, 2015 'CC Act', impugns the Judgment dtd. 18/5/2024 'Impugned Judgement' passed by the learned District Judge, Commercial Court-06, South-East District, Saket Courts, New Delhi 'Commercial Court' , in CS (COMM) No.194/2021 titled 'Roopinder Singh vs. Emaar MGF Ltd. and Ors'.
(2.) By the Impugned Judgment, the learned Commercial Court dismissed the Appellant's application filed under Sec. 14 of the Limitation Act, 1963 'Limitation Act', seeking exclusion of the period spent in bona fide prosecution of the matter before the courts lacking jurisdiction. Consequently, the learned Court rejected the plaint under Order VII Rule 11(d) of the CPC, holding the same to be barred by limitation.
(3.) The Appellant had booked a commercial unit in the project titled "The Palm Square", situated at Gurgaon, Haryana, being developed by the Respondents, in the year 2007, upon payment of a booking amount of Rs.15,50,000.00 through a cheque dtd. 25/10/2007.