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I z5
* IN THE HIGH COURT OF c.R.P.74l20tl
GILL INTERNATIONAL LTD
Throueh:
JN PETROCHEMICALS PVT LTD
Through: None
* IN THE HIGH COURT OF c.R.P.74l20tl
GILL INTERNATIONAL LTD
Throueh:
JN PETROCHEMICALS PVT LTD
Through: None
CORAM:
HON'BLE MR. JUSTICE P.K. BHASIN
DELHI AT NEW DELHI..... Petitioner
Mr. Uchit Bhandari, Advocate
DELHI AT NEW DELHI..... Petitioner
Mr. Uchit Bhandari, Advocate
VERSUS
..... Respondent
.4
.E o/" 19.05.2011
After making some submissions learned counsel for the petitioner
. submitted that since the petitioner has already taken a plea in its written statement that the suit after the amendment of plaint has become time barred he may be permitted to malce his submissions on this aspect of the matter before the trial
Court by making a request for framing appropriate issue on the point of limitation and also to treat the same as a preliminary issue since a bare reading of the plaint would show that the suit for recovery of money is time barred. It is submitted that in case this liberty is granted and it is made clear that filing of the present petition will not come in the way of the trial Court coming to an independent decision on this point then this petition can be disposed of as not pressed.
This petition is accordingly disposed of as not pressed. It is, however, made clear that if any request is made by the petitioner-defendant for framing of any issue on the point of limitation and for treating the same as a preliminary issue also the learned trial Court shall consider that prayer in accordance with law uninfluenced by the filing of the present petition and its not being pressed today and it is also clarified that this Court has not examined the merits of the case on any aspect.
MAY l9,20ll/pg
2011:DHC:9960
.4
.E o/" 19.05.2011
After making some submissions learned counsel for the petitioner
. submitted that since the petitioner has already taken a plea in its written statement that the suit after the amendment of plaint has become time barred he may be permitted to malce his submissions on this aspect of the matter before the trial
Court by making a request for framing appropriate issue on the point of limitation and also to treat the same as a preliminary issue since a bare reading of the plaint would show that the suit for recovery of money is time barred. It is submitted that in case this liberty is granted and it is made clear that filing of the present petition will not come in the way of the trial Court coming to an independent decision on this point then this petition can be disposed of as not pressed.
This petition is accordingly disposed of as not pressed. It is, however, made clear that if any request is made by the petitioner-defendant for framing of any issue on the point of limitation and for treating the same as a preliminary issue also the learned trial Court shall consider that prayer in accordance with law uninfluenced by the filing of the present petition and its not being pressed today and it is also clarified that this Court has not examined the merits of the case on any aspect.
MAY l9,20ll/pg
2011:DHC:9960
JUDGMENT