Calcutta High Court
Chemgen Pharma International Pvt. Ltd vs Siemens Ltd on 3 June, 2013
ORDER SHEET
ACO No. 96 of 2013
APO No. 40 of 2013
CP No. 237 of 2012
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
CHEMGEN PHARMA INTERNATIONAL PVT. LTD.
Versus
SIEMENS LTD.
BEFORE:
The Hon'ble JUSTICE BANERJEE
The Hon'ble JUSTICE DR. MRINAL KANTI CHAUDHURI
Date : 3rd June, 2013.
Appearance:
Mr. S. Sengupta, ld. Advocate for the appellant.
Mr. Rajashree Dutta, ld. Advocate for the respondent.
The Court :- This application for review is delayed by 25 days. We condone the delay and take the review application on record.
Heard the parties on the application for review. The learned Counsel appearing for the review applicant would contend, the claim of the respondent was barred by laws of limitation as it was beyond 3 years' period. This point was never urged before the learned Single Judge or before us. Limitation is a mixed question of fact and law. This cannot be a ground for review. The review application fails and is hereby dismissed.
The review applicant must pay cost of this application assessed at Rs.10,000/- out of which they would 2 pay Rs.5,000/- to the respondent and balance Rs.5000/- to the State Legal Services Authority within one week from date. In default of payment of cost, the respondent would be entitled to add it to its claim.
(BANERJEE, J.) (DR. MRINAL KANTI CHAUDHURI, J.) dg/