SEITZ GMBH vs SIMRAN TECHNOLOGIES PVT LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 18th February 2025 Pronounced on: 04th April 2025 + CS(COMM) 754/2022, I.A. 17665/2022 & I.A. 2378/2024 SEITZ GMBH .....Plaintiff Through: Ms. Shivambika Sinha, Advocate with Ms. Nimita Kaul, Advocate. versus SIMRAN TECHNOLOGIES PVT LTD .....Defendant Through: Mr. Varun Garg, Advocate. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT I.A. 2378/2024 (Application under Section 14 of Limitation Act, 1963) 1. This application has been filed by the plaintiff seeking to exclude the period from 13th March 2018 to 26th November 2019, basis Section 14 of the Limitation Act, 1963, in computing the period of limitation applicable to filing of the suit. 2. The suit was filed seeking inter alia recovery of Rs. 2,66,18,235/- (Rupees Two Crore Sixty-Six Lakhs Two Hundred Thirty-Five rupees) along with interest. Initially, an application had been moved being I.A. Signature Not Verified Digitally Signed By:MANISH KUMAR I.A. 2378/2024 in CS(COMM) 754/2022 1 of 23 Signing Date:15.04.2025 10:32:53 17665/2022, for condonation of delay in refiling, which was considered by the Court on 21st November 2023. 3. The Court noted that one of the pleas of the plaintiff was that the period undergone during pendency of the petition, filed prior to the Suit, under Section 9 of the Insolvency and Bankruptcy Code, 2016 (‘IBC’), has to be excluded from computing the limitation. Liberty, therefore, had been given to the plaintiff to file an application under Section 14 of the Limitation Act, 1963. Notice was issued in the present application on 31st January 2024. 4. The brief facts in this regard are as under: (i) Defendant placed orders for supply of Seitz products from time to time. The supply was made to the defendant in India. Invoices were raised