FREE INDIA DRY ACCUMULATORS LT Vs. UOI

JUDGEMENT

(1.) THIS Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the trial Court dated 29.5.2004 dismissing the suit for recovery of RS.2,09,504/- alongwith interest of RS.5,40,225/-, totalling to RS.7,49,729/-.

(2.) AT the outset, I must confess that after half an hour of arguments by counsel for the appellant/plaintiff I am really unable to make much head or tail of the case as is being argued by counsel for the appellant/plaintiff. Sometime it is averred that the 17 bills which are the subject matter of the suit and the present appeal were in fact subject matter of an arbitration proceedings initiated by the appellant/plaintiff and for which there is an Award in favour of the appellant/plaintiff, on other occasions it is said that there are no arbitration proceedings and in fact arbitration proceedings were with respect to another contract and in execution proceedings of the Award in those other proceedings the amount of the subject bills was sought to be attached, and therefore, the suit filed for the bills of 1978 in 1990 is within limitation because of the acknowledgment made in the aforesaid execution proceedings. Thus what exactly is being urged by counsel appearing on behalf of the appellant/plaintiff, there is no clarity.

(3.) THE respondent/defendant/UOI inter alia contended that the suit was barred by limitation. It was also contended that in another contract of the UOI with the appellant/plaintiff, there was an Award in favour of the UOI and in execution proceedings the amounts of the 17 bills were sought to be attached, and which attachment order was declined. It was pleaded that this cannot amount to an acknowledgment to extend the limitation as per the provision of Section 18 of the Limitation Act, 1963.