CHEMICOAT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) These two appeals, one filed by the original plaintiff and the other filed by the original defendant, arise out of the same judgment and decree passed by the Civil Judge, Senior Division, Vadodara in Special Civil Suit No. 321 of 1973 whereby he partly decreed the suit of the plaintiff, these appeals are, therefore, heard together and are being disposed of by this common judgment.

(2.) The facts leading to the filing of these two appeals may be briefly stated as follows : -

(3.) The defendant resisted the suit of the plaintiff and raised a contention that the suit for refund was not maintainable. The defendant also contended that the suit was barred by limitation.