NDLI: Shyam Madan Mohan Ruia & Ors. Vs. Messer Holdings Limited & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	2018 – s.9A Code of Civil Procedure (Maharashtra Amendment) Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Code of Civil Procedure (Maharashtra Amendment) Act, 2018 – s.9A – Several rounds of litigation between the parties – In Suit No.III, Settlement Agreement was entered into under which 75,001 shares of respondent No.2 were transferred to the appellant(s) by respondent no.3 – Respondent no.1 filed Suit No.IV to cancel the said Agreement, inter alia praying for declaration of respondent no.1’s ownership of 75,001 shares of respondent no.2 – Appellants filed affidavit u/s.9A, CPC (Maharashtra Amendment) Act, raising preliminary issue of limitation by contending that the suit prayers claiming ownership over the 75,001 shares of respondent no.2 is barred by limitation as the Settlement Agreement between the appellants was entered on 05.12.02 while Suit No.IV was filed by respondent no.1 in 2008 – Single Judge allowed the petition filed by the appellants –Division Bench in appeal by the respondent no.1, set aside the order – Held: In view of the interpretation given to s.9A by the three Judges Bench in Nusli Veville Wadia vs. Ivory Properties & Ors. reported as (2019) 13 SCALE 620 inter alia holding that no issue can be decided only under the guise that it has been framed u/s.9A and was pending consideration on the date of commencement of the 2018 Act, the question of limitation will have to be considered along with other issues that would arise for adjudication in Suit No.IV – In view of the said judgment, the decision rendered by the Single Judge and the Division Bench on the issue of limitation by considering that as preliminary issue would become nullity and the matter would have to proceed afresh – Suit No.IV to proceed afresh from the stage of framing of the issues being uninfluenced by any of the views expressed by the Single Judge and the Division Bench – Question of limitation be determined along with other issues arising for consideration – No opinion expressed on the merits of the matter – Single Judge requested to proceed with the Suit No.IV expeditiously and dispose the same preferably within 18 months – Code of Civil Procedure (Maharashtra Amendment) Act, 1977.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 1370
Petitioner	Shyam Madan Mohan Ruia & Ors.
Respondent	Messer Holdings Limited & Ors.
SCR	[2019] 15 S.C.R. 396
Judgement Date	2019-12-13
Case Number	9429

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Shyam Madan Mohan Ruia & Ors. Vs. Messer Holdings Limited & Ors.

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Shyam Madan Mohan Ruia & Ors. Vs. Messer Holdings Limited & Ors.

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