SAPANKUMAR I MANIYAR Vs. KESAR MOTELS PRIVATE LIMITED

JUDGEMENT

(1.) With request and consent of learned advocates for the parties, the matter is taken up for final consideration.

(2.) Learned Judge, Commercial Court, Vadodara, by his judgment and order dated 28 th April, 2017 dismissed Commercial Civil Suit No.263 of 2016 (Old Special Civil Suit No.120 of 2011) instituted by the applicant-plaintiff. It was the suit for recovery of Rs.01,26,27,161.00. It was pleaded in the suit by the plaintiff that between the plaintiff, who was engaged in the business of construction, and the defendant a contract was arrived at in the year 2006 for the purpose of renovation and extension of a three storied building named Kesar Motels Private Limited. It was the case that in relation to the work under the said contract which was continued till 26/6/2009, four cheques were given by the defendants to the plaintiff. It was stated that defendants had deducted TDS amount before March, 2009. The cheques however bounced. The suit was preferred for recovery of amount on such basic premise.

(3.) What is stated in order to explain the passage of time leading to the aforesaid delay by the applicant inter alia that under Sec. 138 of the Negotiable Instruments Act, 1881, proceedings were initiated by the plaintiff in the court of learned Chief Judicial Magistrate, Ankleshwar on 30/4/2010, after bouncing of the cheques. The said Criminal Case No.1582 of 2010 came to be dismissed on 5/12/2018. Leave to Appeal against the said order was refused by this Court on 19/3/2019.