NDLI: M/s Shanti Conductors (p) Ltd. Vs. Assam State Electricity Board and Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Order 47 r. 1 Error apparent on record Review petition CPC
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
Case Type	Review Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Code of Civil Procedure, 1908: Order 47 r. 1 – Review petition – Error apparent on record – On facts, review petition on the ground that there is an apparent error in the judgment by this Court holding that suit was barred by time – Petitioner’s case that in money suit pertaining to interest on principal amount received by the petitioner, the last supply was completed on 04.10.93 but the last payment was made on 05.03.1994, a fresh period of limitation would begin from 05.03.1994 on the basis of s. 19 of the Limitation Act – Held: Exemption provided u/ss. 4 to 20 of the Limitation Act, are based on certain facts and events – On facts, perusal of the plaint indicates that there is no pleading as to exception of limitation by running any fresh period of limitation as per s. 19 – There was no occasion for defendants to raise any reply in reference to s. 19 – Also, proviso to Order 7 r. 6 cannot come to the rescue of the plaintiff since the plaintiffs specifically pleaded that the provisions of the Limitation Act are not applicable since Act, 1993 has overriding effect – Furthermore, in the paragraph of cause of action for the suit, the cause of action is not claimed from the date 05.03.1994, which was the date when the last payment was received by the petitioner – Petitioner in the plaint has clearly not pleaded for benefit of s. 19 nor has brought necessary facts to enable the Court to consider the claim under s. 19 – Thus, the petitioner is not entitled for benefit of s. 19 and there is no error in the judgment of this Court holding that the suit of the plaintiff was barred by time – Furthermore, benefit of s. 14 of Limitation Act cannot be claimed by the plaintiff since writ petition, which was filed by the Association was by different entity – Issue of benefit of s. 14 was specifically considered and rejected by this Court in its judgment thus, there is no error apparent on the said ground – Limitation Act, 1963 – ss. 19, 14 – Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993.Order 47 r. 1 – Review petitions – Error apparent on record – On facts, matter pertaining to interest on delayed payment to small scale industries – Review petition on the ground that there was error on face of record in observation of this Court – Some of the supplies made prior to commencement of the 1993 Act– 23.09.1992 and some of the supplies made after 23.09.1992 – Entitlement of petitioner to the benefit of interest under the 1993 Act – Held: The date of bill for the payment for supply of the materials by the plaintiffs was 29.09.1992 – This Court in the judgment rightly held that there was nothing on record to come to the conclusion that any supply was made after the enforcement of the Act so as to enable the appellant to claim interest u/s. 3 read with s. 4 of the 1993 Act, thus, the judgment of the High Court does not call for interference – Submission that there is error apparent on the face of record is rejected and the review petition is dismissed – Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993.Order 47 r. 1 – Review petition – Error apparent on record – Review petition on the ground that this Court dismissed the appeal as not maintainable which is error apparent on record – Held: This Court considered the maintainability of appeal and found against the petitioner, thus, there is no ground to review the petition.Order 47 r. 1 – Review petition – Scope of – Held: Scope of review is limited – Under the guise of review, petitioner cannot be permitted to reagitate and reargue the questions, which have already been addressed and decided.Order 7 r. 6 – Grounds of exemption from limitation law – Applicability of – Held: When suit is instituted after expiration of period prescribed by law of limitation, the plaint should show the ground upon which exemption from such law is claimed – However, the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint. Limitation Act, 1963: s. 19 – Benefit of – Held: Section 19 provide for a fresh period of limitation – Benefit under s. 19 is available when payment on account of debt or of interest on legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy and an acknowledgement of the payment appears in the handwriting of, or in a writing signed by, the person making the payment.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 1397
Petitioner	M/s Shanti Conductors (p) Ltd.
Respondent	Assam State Electricity Board And Ors
SCR	[2019] 16 S.C.R. 252
Judgement Date	2019-12-18
Case Number	786

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