GAMMON INDIA LTD. Vs. BINOD KUMAR MALPANI

JUDGEMENT

(1.) Heard Mr. D Mozumdar, learned senior counsel for the petitioners. Also heard Mr. SC Keyal, learned counsel appearing for the respondent.

(2.) The respondent/plaintiff had instituted a money suit being Money Suit No.39/2016 for recovery of Rs.51,16,564/- from the petitioners/defendants. Upon entering appearance, the petitioners/defendants raised a question on the maintainability of the money suit on the ground that it has been filed beyond the statutory limitation period of 3 years. According to the defendants, the period of 3(three) years for the cause of action to maintain the money suit ended on 31.05.2014, whereas the suit was filed on 24.08.2016.

(3.) The respondent/plaintiff took the stand that on 08.11.2013 the defendants issued a notice to the plaintiff asking him to furnish 6(six) number of documents and in response thereof, the respondent on 20.12.2014 through his counsel sent a reply to the defendants.