Authority: High Court of Jammu & Kashmir and Ladakh at Jammu

Order Date: 06.11.2026

Case Overview

  • Parties: Appellant: M/s Des Raj Om Parkash (through advocates Ms. Meenakshi Slathia Kour & Mr. Shubham Singh). Respondent: M/s 17 Miles Hotel Restaurant and others (through Sr. Advocate Mr. R. K. Jain & Advocate Mr. Pramvir Singh).
  • Nature of Proceeding: Civil suit for recovery of Rs 3,73,477 plus interest at 12% per annum for the period 01.03.2020 to 01.02.2023, relating to price of goods supplied.
  • Key Dates: Last delivery of goods – 01.03.2020; last payment by defendants – 24.02.2020; suit instituted in the Commercial Court, Jammu on 03.06.2023; trial court judgment and decree dated 28.02.2026 dismissed the suit as barred by limitation; appeal filed as RFA No. 21/2026.
  • Limitation Issue: Under the Limitation Act, a three‑year period from the last payment/delivery required filing by 28.02.2023. The suit was filed on 03.06.2023, thus beyond the prescribed period.
  • Appellant’s Argument: Contended that the Supreme Court’s COVID‑19 limitation extension (order dated 23.03.2020, subsequently extended, and final directions on 10.01.2022) excluded the period 15.03.2020 to 28.02.2022, thereby resetting the limitation clock and making the suit timely.
  • Supreme Court Directions (relevant excerpts):
  • Order dated 23.03.2020 extended limitation for all proceedings from 15.03.2020.
  • Subsequent orders (08.03.2021, 27.04.2021, 23.09.2021) continued the extension.
  • Final directions on 10.01.2022:

1. Excluded period 15.03.2020 to 08.02.2022 for limitation purposes; balance period becomes available from 01.03.2022.

2. If limitation would have expired between 15.03.2020 and 28.02.2022, a uniform 90‑day period from 01.03.2022 applies, unless the remaining balance period exceeds 90 days, in which case the longer period applies.

3. Same exclusion applies to specific statutes (Arbitration and Conciliation Act, Commercial Courts Act, Negotiable Instruments Act, etc.).

  • Court’s Reasoning: The High Court observed that the last supply and payment occurred on 01.03.2020 and 24.02.2020 respectively. The three‑year limitation therefore expired on 28.02.2023, which is beyond the 90‑day window from 01.03.2022. Consequently, the exclusion of 15.03.2020‑28.02.2022 does not render the suit timely; the suit was filed well after the applicable limitation period.

Final Outcome

  • The appeal is dismissed for lack of merit. The trial court’s decree dismissing the suit on limitation grounds stands affirmed.

Topics: Limitation Law, Civil Commercial Dispute