Continuity of limitation period


Dear Sir,

We are the company registered under MSMED Act. In 2014 we had filed civil suit for recovery of our outstanding amount but same has been dragged till date without any positive result. Recently, we came to know that we can take recourse of MSEFC (Micro and Small scale enterprise facilitation council) for recovery of our amount and have filed the reference. But the opposite side raising objection that  the matter is subjudice before Civil Court and the reference is barred by limitation, though we already have suit pending in Civil court having jurisdiction. We are ready to withdraw the civil suit but can the period spent during the pendency of Civil Suit will be taken into consideration while calculating the limitation period. If you have any judgement or suggestion on this point, kindly provide the same.

 
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