Case Note & Summary
The Supreme Court dealt with three review petitions filed against a common judgment dated 23.01.2019, which dismissed several civil appeals concerning claims for delayed payments under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993. The appellants, including M/s Shanti Conductors (P) Ltd., contended that their suits were not barred by limitation due to payments made after the last supply. The court examined the applicability of Sections 19 and 14 of the Limitation Act, 1963, and found that the appellants failed to plead necessary facts to invoke these provisions. The court concluded that the suit was indeed barred by limitation, as the last payment was made on 05.03.1994, and the suit was filed on 10.01.1997, which was beyond the prescribed period. The court also noted that the writ petition filed by the Assam Conductors Manufacturers Association did not provide grounds for excluding time under Section 14, as it was a different entity. The review petitions were dismissed as the court found no apparent error in its previous judgment, emphasizing that review jurisdiction is limited and cannot be used to reargue settled issues. The final decision upheld the dismissal of the civil appeals, confirming that the claims were time-barred.
Headnote
A) Limitation Law - Fresh Period of Limitation - Applicability of Section 19 of the Limitation Act, 1963 - The court held that the suit was barred by limitation as the plaintiffs did not plead any acknowledgment of payment necessary to invoke Section 19. The court found no error in the previous judgment that the suit was filed beyond the limitation period. (Paras 10-20) B) Limitation Law - Exclusion of Time - Benefit of Section 14 of the Limitation Act, 1963 - The court ruled that the plaintiffs were not entitled to the benefit of Section 14 as the writ petition was filed by a different entity, and thus, the time could not be excluded. (Paras 20-21) C) Review Jurisdiction - Scope of Review - The court reiterated that review petitions cannot be used to reargue issues already decided, and no apparent error was found in the previous judgment. (Paras 21-22)
Issue of Consideration
Whether the suit filed by M/s. Shanti Conductors (P) Ltd. was barred by limitation and if the review petitions raised any apparent errors in the previous judgment.
Final Decision
The Supreme Court dismissed all review petitions, affirming that the suit was barred by limitation and no apparent error was found in the previous judgment.
Law Points
- Limitation Act
- 1963
- Section 19
- Section 14
- Civil Procedure Code
- 1908
- Order VII Rule 6
