Supreme CourtDivision Bench

Mohanlal Kojmal Jain vs Rameshwari Prints Pvt. Ltd.

Supreme Court Of India · Decided on 21 September 2016 · Citation: (2016) 15 SCC 538

HON’BLE JUDGES
Anil R. Dave and L. Nageswara Rao, JJ.
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 133
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 9679 of 2016 (Arising out SLP (C) No.25156 of 2013)
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Judgment

6 paragraphs · 169 words

Anil R. Dave, J.—Leave granted.

2.

Upon hearing the learned counsel and upon perusal of the impugned judgment, we find that certain issues with regard to limitation as well as res judicata have not been properly considered by the High Court. Therefore, we set aside the impugned judgment and remit the matter to the High Court so that it can be heard finally.

3.

The parties are directed to appear before the High Court on 3rd October, 2016, so that the date for hearing of the company appeal, i.e., O.J. Appeal No.10 of 2013 can be fixed on that day.

4.

We hope that the company appeal shall be finally disposed of at an early date, preferably within three months from the date of intimation of this order.

5.

The civil appeal is disposed of as allowed. Pending application, if any, shall stand disposed of. There shall be no order as to costs.

6.

We clarify that we have not expressed any opinion on the merits of the case.