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april 2025

Delhi High Court · 2025-04-04

SEITZ GMBH vs SIMRAN TECHNOLOGIES PVT LTD

Citation / case number
CS(COMM)-754/2022 2025:DHC:2564
Court
Delhi High Court
Petitioner
SEITZ GMBH
Respondent
SIMRAN TECHNOLOGIES PVT LTD
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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. 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, theref