FOOD CORPORATION OF INDIA Vs. DRANLY LYNGDOH

JUDGEMENT

(1.) The plaintiff in a commercial money suit (No. 11 of 2023) before the learned Judge, Commercial Court, Shillong, East Khasi Hills district is the appellant before us. On the defendant's/respondent's application (herein referred to as the respondent) under Order VII Rule 11(d) of the Civil Procedure Code, 1908, the learned judge rejected the plaint and dismissed the suit on the ground that it was barred by the laws of limitation. Aggrieved, the appellant has instituted this appeal before us.

(2.) The material facts are very short. There is no dispute that the cause of action arose on 18/1/2011 when the contract between the parties was terminated by the appellant. There is also no dispute that the period of limitation for filing a suit by the appellant was three years from the date of termination of the contract which was to be taken as accrual of the cause of action and of the right to relief for the appellant.

(3.) After 216 days of the accrual of the cause of action, in the suit filed by the respondent, a learned court on 22/8/2011 passed a status quo order which continued till 7/3/2018. Now, the three years period of limitation after excluding the period during which the order of injunction was operative would expire on 5/8/2020. Meanwhile, Covid intervened. 716 days from 15/3/2020 to 28/2/2022 was to be excluded in calculating the period of limitation in terms of the Supreme Court order dtd. 10/1/2022. If Covid had not intervened, the appellant could have had time till 5/8/2020 to file the suit i.e., 144 days from 15/3/2020. By operation of the Supreme Court order which gave the plaintiff 144 days' time from 10/1/2022 (the date when the Supreme Court order was vacated) to file the suit. The suit had to be instituted by 23/7/2022.