- 1 - HC-KAR NC: 2025:KHC:22081 CRP No. 721 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 721 OF 2024 (IO-) BETWEEN: SRI FIYAZ TAJ MOHAMMED CHOWDHARY AGED ABOUT 64 YEARS DIRECTOR OF FRONTIER HEALTH CARE INDIA PRIVATE LIMITED RESIDING AT NO.01 MANASASAROVARA APARTMENT CF3, KHADER ROAD KHADER NAWAZ KHAN ROAD CHENNAI - 600 028. REPRESENTED BY ITS GPA HOLDER MOHAMMED RIYAZ CHOWDHARY S/O TAJ MOHAMMED CHOWDHARY AGED ABOUT 56 YEARS RESIDING AT NO.3, GROUND FLOOR KHADER NAWAZ KHAN ROAD CHENNAI - 600 034. …PETITIONER (BY SRI SATISHCHANDRA R., ADVOCATE) AND: 1. SRI S.GOVINDRAJAN S/O SWAMYNATHAN AGED ABOUT 66 YEARS PROPRIETOR, INDIAN HOSPITAL Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22081 CRP No. 721 of 2024 SYSTEMS, NO.1120, ‘E’ BLOCK II STAGE, RAJAJINAGARA BENGALURU - 560 020. 2. M/S. FRONTIER HEALTH CARE INDIA PRIVATE LIMITED REGISTERED OFFICE AT NO.29 NEW MARKET ROAD CHARMINAR MOSQUE ROAD BENGALURU - 560 051 CORPORATE OFFICE AT HBS HOSPITAL NEAR BAMBOO BAZAR SHIVAJINAGARA, BENGALURU - 560 051 REPRESENTED BY ITS MANAGING DIRECTOR. 3. SRI MAMMOOTHY SURIMY AGED ABOUT 67 YEARS DIRECTOR OF M/S. FRONTIER HEALTH CARE INDIA PRIVATE LIMITED RESIDING AT NO.5, GREENWAY ROAD EXTENSION, R.A.PURAM, CHENNAI - 600 028. …RESPONDENTS (BY SRI KRISHNAMURTHY M. R., ADVOCATE FOR R1; NOTICE TO R2 AND R3 IS D/W VIDE ORDER DATED 19.11.2024) THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 19.09.2024 PASSED ON IA NO. 5 IN OS NO.8865/2017 ON THE FILE OF VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY, DISMISSING THE IA FILED UNDER ORDER 7 RULE 11(d) OF CPC FOR REJECTION OF PLAINT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:22081 CRP No. 721 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – defendant No.3 is before this Court calling in question an order dated 19.09.2024, passed by the VI Additional Civil and Sessions Judge, Bengaluru City, by which an application – I.A.No.5 under Order VII Rule 11(d) of the CPC, filed by defendant No.3 in O.S.No.8865/2017, comes to be rejected. 2. Heard Sri Satishchandra R., learned counsel for petitioner and Sri Krishnamurthy M.R., learned counsel for respondent No.1. 3. Facts in brief, germane, are as follows: The plaintiff – respondent No.1 is said to be running a proprietary concern under the name and style of Indian Hospital Systems in the business of selling second hand medical equipment. The defendant - Company is said to be running a hospital under the name and style of M/s.Frontier Health Care India Private Limited. Transaction between the two for the - 4 - HC-KAR NC: 2025:KHC:22081 CRP No. 721 of 2024 purpose of purchase of Philps Allura 15 F Cath, leads to certain dispute. The plaintiff alleges that defendant No.1 – Company has paid only `40/- lakhs and the last of the payment made was on 19.04.2014. A legal notice is caused for the remainder of the amount of `14/- lakhs. The defendant company is said to have assured that `14/- lakhs would be released on the condition that the machine supplied by the plaintiff should never fail, when it is put in use. Seven years passed by, no amount comes about. Therefore, the plaintiff institutes a suit on 16.12.2017, for recovery of money for the machine supplied. The suit moves and defendant No.3 after about 7 years of institution of the suit, files an application under Order VII Rule 11(d) of the CPC seeking rejection of the plaint on the score that the suit is instituted beyond the period of limitation. The concerned Court in terms of the order impugned rejects the application on the ground that it is within time and even otherwise, plea of limitation would be a mixed questions of law and facts. 4. Learned counsel for the petitioner taking this Court through the documents would demonstrate that the last of the - 5 - HC-KAR NC: 2025:KHC:22081 CRP No. 721 of 2024 payment made was on 19.04.2014 and the balance amount was admitted to be paid on 08.11.2015, but the suit is preferred on 16.12.2017. Therefore, taking the date – 21.11.2014 as the cut off date, it would be beyond 3 years is the submission of the learned counsel. 5. Per contra, learned counsel for respondent No.1 – plaintiff would refute the submissions contending that defendant No.1 had admitted the liability on 21.11.2014 and again, on 08.11.2015 through e-mail. If the liability is admitted on 08.11.2015, 3 years would get expired on 08.11.2018. The suit is instituted one year before the expiry of 3 years. There is no warrant to interfere with the order. 6. I have given my anxious consideration to the submissions made by the learned counsel for the respective parties and have perused the material on record. 7. The afore-narrated facts, link in the chain of dates and events are not in dispute. The transaction between the two is a - 6 - HC-KAR NC: 2025:KHC:22081 CRP No. 721 of 2024 matter of record. The last of the payment made be defendant No.1 is on 19.04.2014. On 21.01.2014, defendant No.1 acknowledges the liability and assures it to be cleared. Again on 08.11.2015, defendant No.1 acknowledges or admits the liability but no payment comes about. Therefore, the plaintiff causes a legal notice on 05.11.2014 and then institutes a suit on 16.12.2017. Therefore, the dates would go, in the following manner. Liability is admitted by defendant No.1 on two dates, one on 21.01.2014 and thereafter on 08.11.2015. The period of limitation i.e., 3 years would expire on 08.11.2018. If the last date of admission of liability is taken as 08.11.2015, the suit is instituted on 16.12.2017, long before the expiry of 3 years, which would be on 08.11.2018. 8. The concerned Court has, after considering the entire spectrum of the facts and by cogent reasons held as follows: “13. After appreciating the plaint averments, the 1st defendant has made a payment of Rs.40 lakhs against agreed price of Rs.54 lakhs. The last payment was made on 19-04-2014. The reply notice was sent on 21-11-2014 by the 1ST defendant accepting his liability to pay Rs.14 lakhs. In para 7 of the plaint there is clear averments that on 8-11-2015 the defendants through e-mail admitted the liability, so also in para 11 cause of action para regarding - 7 - HC-KAR NC: 2025:KHC:22081 CRP No. 721 of 2024 e-mail dated 08-11-2015. Article 13, 14 and 15 of Limitation Act reads as follows: Description of suit Period of limitation Time from which period begins to run 13. For the balance of money advanced in payment of goods to be delivered. Three years When the goods ought to be delivered. 14. For the price of goods sold and delivered where no fixed period of credit is agreed upon. Three years The date of the delivery of the goods. 15. For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit. Three years When the period of credit expires. 14. After considering the above said Articles and also the plaint averments, the 1st defendant through e-mail had admitted the liability on 21-1-2014, thereafter through e-mail dated 08-11-2015 once again within 3 years time acknowledges the liability through e-mail sent to the plaintiff. Therefore, from 08-11-2015 within 3 years the suit has to be filed. The three years time would expire on 08-11-2018. The suit was filed on 16-12-2017, it is well within time and it is not barred by limitation. Therefore, on meaningful not formal reading of the plaint, there is a clear right to sue, the suit is not manifestly vexatious or merit less in the sense it discloses - 8 - HC-KAR NC: 2025:KHC:22081 CRP No. 721 of 2024 cause of action and not barred by limitation so as to reject the plaint under Order VII rule 11(d). Accordingly, answered the point No.1 in the Negative.” (Emphasis added) In the light of the aforesaid facts and order quoted supra, there is no warrant for interference with the impugned order. 9. The civil revision petition lacking in merit, stands dismissed. All pending I.A.’s, stands disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 28 CT:SS