VINOD KUMAR MAHAJAN Vs. SELVEDGE

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 1.11.2001 disposing of two suits. The first suit was suit No.775/1994 filed by the present appellant for recovery of moneys which ware lying deposited in this Court pursuant to the orders passed in C.W.P. No.4554/1993 titled as M/s. Selvedge Vs. Union of India & Ors. The second suit was suit No.431/1998 filed against the appellant by M/s. Selvedge for declaration that M/s Selvedge was entitled to the amount of Rs. 2,80,000/ - deposited in this Court.

(2.) THE impugned judgment dismisses both the suits. The suit of the appellant being suit No.775/1994 was dismissed as the claim was held to be barred by time. The suit of M/s. Selvedge was dismissed on the ground that it was not registered under Section 69 of the Partnership Act, 1932. Admittedly, there is no appeal filed by M/s. Selvedge against the impugned judgment dated 1.11.2001 dismissing its suit bearing No.431/1998.

(3.) M /s. Selvedge filed a writ petition being CWP No.4554/1993 in this Court claiming entitlement to the amount of Rs. 2,80,000/ - and which writ petition was dismissed by the Division Bench of this Court by making the following observations in the operative portion of the judgment: -