Classic Switchgears And Control ... vs A-1 Design And Construction Private ... on 3 June, 2024
13(f) It has been held in "Niyogi Offset Printing Press
Ltd. Vs. Doctor Morepen Limited" (SUPRA) that :
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1 - 10 of 24 (1.75 seconds)Interactive Media And Communication ... vs Go Airlines Limited on 4 February, 2013
In Niyogi Offset Printing Press Limited (supra), in
CO. Appeal No. 10/2013 Page 3 of 9
paragraph 27, it was accordingly held as under:
M/S.Polyene General Industries Pvt Ltd vs M/S.Great Western Industries Limited on 31 July, 2017
The period is three years. It cannot be extended. The Plaintiff had filed the suit well after the period prescribed. The suit is barred by the law of limitation.
14.6.None of the dates and events, referred to above, have been disputed by the learned counsel for the appellant/ plaintiff.
Indian Railways Catering And Tourism ... vs M/S Brandavan Food Products on 10 February, 2025
94. The reliance of the learned Solicitor General on the judgment of
this Court in Niyogi Offset Printing Press Limited (Supra), cannot be
accepted to deny the relief of Section 14 of the Limitation Act to the
claimant inasmuch as, the said case was considering whether the
benefit of a winding up petition can be granted for extending the
benefit of Section 14 of the Limitation Act. The Court held that
though a Company Petition for winding up may result in the petitioner
getting the amount due to him or some amount on pro rata basis, it
does not necessarily mean that the matter in issue will be the same as
in a suit for recovery of amount, had it been filed. In the present case,
as noted hereinabove, the claimant had claimed the amounts due to it
in the Writ Petition filed by it. This Court while dismissing the writ
petition had also granted liberty to the claimant to invoke the
Arbitration Agreement. Therefore, the above judgment would not
apply to the facts of the present case.
Indian Railways Catering And Tourism ... vs M/S R.K. Associates And Hoteliers Pvt ... on 10 February, 2025
94. The reliance of the learned Solicitor General on the judgment of
this Court in Niyogi Offset Printing Press Limited (Supra), cannot be
accepted to deny the relief of Section 14 of the Limitation Act to the
claimant inasmuch as, the said case was considering whether the
benefit of a winding up petition can be granted for extending the
benefit of Section 14 of the Limitation Act. The Court held that
though a Company Petition for winding up may result in the petitioner
getting the amount due to him or some amount on pro rata basis, it
does not necessarily mean that the matter in issue will be the same as
in a suit for recovery of amount, had it been filed. In the present case,
as noted hereinabove, the claimant had claimed the amounts due to it
in the Writ Petition filed by it. This Court while dismissing the writ
petition had also granted liberty to the claimant to invoke the
Arbitration Agreement. Therefore, the above judgment would not
apply to the facts of the present case.
Indian Railways Catering And Tourism ... vs M/S Brandavan Food Products on 10 February, 2025
94. The reliance of the learned Solicitor General on the judgment of
this Court in Niyogi Offset Printing Press Limited (Supra), cannot be
accepted to deny the relief of Section 14 of the Limitation Act to the
claimant inasmuch as, the said case was considering whether the
benefit of a winding up petition can be granted for extending the
benefit of Section 14 of the Limitation Act. The Court held that
though a Company Petition for winding up may result in the petitioner
getting the amount due to him or some amount on pro rata basis, it
does not necessarily mean that the matter in issue will be the same as
in a suit for recovery of amount, had it been filed. In the present case,
as noted hereinabove, the claimant had claimed the amounts due to it
in the Writ Petition filed by it. This Court while dismissing the writ
petition had also granted liberty to the claimant to invoke the
Arbitration Agreement. Therefore, the above judgment would not
apply to the facts of the present case.
Indian Railways Catering And Tourism ... vs Satyam Caterers Pvt. Ltd. on 10 February, 2025
94. The reliance of the learned Solicitor General on the judgment of
this Court in Niyogi Offset Printing Press Limited (Supra), cannot be
accepted to deny the relief of Section 14 of the Limitation Act to the
claimant inasmuch as, the said case was considering whether the
benefit of a winding up petition can be granted for extending the
benefit of Section 14 of the Limitation Act. The Court held that
though a Company Petition for winding up may result in the petitioner
getting the amount due to him or some amount on pro rata basis, it
does not necessarily mean that the matter in issue will be the same as
in a suit for recovery of amount, had it been filed. In the present case,
as noted hereinabove, the claimant had claimed the amounts due to it
in the Writ Petition filed by it. This Court while dismissing the writ
petition had also granted liberty to the claimant to invoke the
Arbitration Agreement. Therefore, the above judgment would not
apply to the facts of the present case.
Brandavan Food Products vs Indian Railway Catering And Toursim ... on 10 February, 2025
94. The reliance of the learned Solicitor General on the judgment of
this Court in Niyogi Offset Printing Press Limited (Supra), cannot be
accepted to deny the relief of Section 14 of the Limitation Act to the
claimant inasmuch as, the said case was considering whether the
benefit of a winding up petition can be granted for extending the
benefit of Section 14 of the Limitation Act. The Court held that
though a Company Petition for winding up may result in the petitioner
getting the amount due to him or some amount on pro rata basis, it
does not necessarily mean that the matter in issue will be the same as
in a suit for recovery of amount, had it been filed. In the present case,
as noted hereinabove, the claimant had claimed the amounts due to it
in the Writ Petition filed by it. This Court while dismissing the writ
petition had also granted liberty to the claimant to invoke the
Arbitration Agreement. Therefore, the above judgment would not
apply to the facts of the present case.
Indian Railways Catering And Tourism ... vs M/S Brandavan Food Products on 10 February, 2025
94. The reliance of the learned Solicitor General on the judgment of
this Court in Niyogi Offset Printing Press Limited (Supra), cannot be
accepted to deny the relief of Section 14 of the Limitation Act to the
claimant inasmuch as, the said case was considering whether the
benefit of a winding up petition can be granted for extending the
benefit of Section 14 of the Limitation Act. The Court held that
though a Company Petition for winding up may result in the petitioner
getting the amount due to him or some amount on pro rata basis, it
does not necessarily mean that the matter in issue will be the same as
in a suit for recovery of amount, had it been filed. In the present case,
as noted hereinabove, the claimant had claimed the amounts due to it
in the Writ Petition filed by it. This Court while dismissing the writ
petition had also granted liberty to the claimant to invoke the
Arbitration Agreement. Therefore, the above judgment would not
apply to the facts of the present case.
Ndian Railways Catering And Tourism ... vs M/S Brandavan Food Products on 10 February, 2025
94. The reliance of the learned Solicitor General on the judgment of
this Court in Niyogi Offset Printing Press Limited (Supra), cannot be
accepted to deny the relief of Section 14 of the Limitation Act to the
claimant inasmuch as, the said case was considering whether the
benefit of a winding up petition can be granted for extending the
benefit of Section 14 of the Limitation Act. The Court held that
though a Company Petition for winding up may result in the petitioner
getting the amount due to him or some amount on pro rata basis, it
does not necessarily mean that the matter in issue will be the same as
in a suit for recovery of amount, had it been filed. In the present case,
as noted hereinabove, the claimant had claimed the amounts due to it
in the Writ Petition filed by it. This Court while dismissing the writ
petition had also granted liberty to the claimant to invoke the
Arbitration Agreement. Therefore, the above judgment would not
apply to the facts of the present case.