PEGASUS ASSETS RECONSTRUCTION PRIVATE LIMITED Vs. DEBJYOTI BHATTACHARJEE

JUDGEMENT

(1.) The instant application under Article 227 of the Constitution of India is directed against the Order No. 26 dated June 11, 2024 passed by the learned Judge, Commercial Court at Alipore, District: 24 Parganas (South) in Money Suit No. 04 of 2023.

(2.) The defendant no. 1, the petitioner herein by an application under Order VII Rule 11 of the Code of Civil Procedure threw a challenge to the maintainability of the said suit and prayed rejection of its plaint on the grounds that the dispute sought to be raised in the suit is not a 'commercial dispute' within the meaning of Sec. 2(1)(c) of the Commercial Courts Act, 2015 (hereinafter referred to as the 'the said Act of 2015' in short ) and that the cause of action of the suit is barred by limitation; the learned Trial Judge by the order impugned has dismissed the said application.

(3.) Mr. Jishnu Saha, learned senior advocate for the petitioner submits that the cause of action to file the suit is based on the allegation that a third party, to secure loan from the bank, had practiced fraud upon the predecessor-in-interest of the plaintiffs in putting his property as a collateral security to the said loan; therefore, the period of limitation for filing the suit, in terms of Sec. 17 of the Limitation Act, 1963 (hereinafter referred to as 'the said Act of 1963') commences from the date when the plaintiff had discovered the said alleged fraud.