REGENT COMPUTRONICS PVT. LTD.

Sonali Power Equipment Appellant

V/S

MAHARASHTRA STATE ELECTRICITY BOARD Respondents

Referred Judgements :-

ASWINI KUMAR GHOSE V. ARABINDA BOSE [REFERRED TO]
UNION OF INDIA VS. G.M. KOKIL [REFERRED TO]
CONSOLIDATED ENGINEERING ENTERPRISES...VS... PRINCIPAL SECRETARY [REFERRED TO]
BHOGILAL CHUNILAL PANDYA VS. STATE OF BOMBAY [REFERRED TO]
NAV RATTANMAL VS. STATE OF RAJASTHAN [REFERRED TO]
DHULABHAI VS. STATE OF MADHYA PRADESH [REFERRED TO]
BHUDAN SINGH VS. NABI BUX [REFERRED TO]
NEW DELHI MUNICIPAL COMMITTEE VS. KALU RAM [REFERRED TO]
KHADI GRAM UDYOG TRUST VS. RAM CHANDRAJI VIRAJMAN MANDIR SARASIYA GHAT KANPUR [REFERRED TO]
SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS TO GOVERNMENT OF WEST BENGAL VS. ABANI MAITY [REFERRED TO]
DIRECTOR OF INDUSTRIES U P OTHERS VS. DEEP CHAND AGARWAL [REFERRED TO]
ANIL KUMAR NEOTIA VS. UNION OF INDIA [REFERRED TO]
HARI SINGH VS. SUKHBIR SINGH [REFERRED TO]
PUNJAB NATIONAL BANK VS. SURENDRA PRASAD SINHA [REFERRED TO]
BIBI SAYEEDA VS. STATE OF BIHAR [REFERRED TO]
SOUTH CENTRAL RAILWAY EMPLOYEES COOPERATIVE CREDIT SOCIETY EMPLOYEES UNION SECUNDERABAD VS. REGISTRAR OF COOPERATIVE SOCIETIES [REFERRED TO]
STATE OF KERALA VS. V R KALLIYANIKUTTY [REFERRED TO]
STATE OF KERALA VS. V R KALLIYANIKUTTY [REFERRED TO]
SUGANTHI SURESH KUMAR VS. JAGDEESHAN [REFERRED TO]
K PRABHAKARAN VS. P JAYARAJAN [REFERRED TO]
STATE OF GOA VS. WESTERN BUILDERS [REFERRED TO]
PUNDLIK JALAM PATIL VS. EXE ENG JALGAON MEDIUM PROJECT [REFERRED TO]
J KUMARADASAN NAIR VS. IRIC SOHAN [REFERRED TO]
SNEHADEEP STRUCTURES PRIVATE LIMITED VS. MAHARASHTRA SMALL SCALE INDUSTRIES DEVELOPMENT CORPORATION LIMITED [REFERRED TO]
MODERN INDUSTRIES VS. STEEL AUTHORITY OF INDIA LTD [REFERRED TO]
STATE OF TAMIL NADU VS. K SHYAM SUNDER [REFERRED TO]
RAJENDRAN VS. JOSE [REFERRED TO]
HANSRAJ GUPTA VS. DEHRA DUN-MUSSOORIE ELECTRIC TRAMWAY CO LTD [REFERRED TO]
STATE (NCT OF DELHI) VS. NARENDER [REFERRED TO]
SUNDEEP KUMAR BAFNA VS. STATE OF MAHARASHTRA [REFERRED TO]
T.N. GENERATION & DISTBN. CORPN. LTD. VS. PPN POWER GEN. CO. PVT. LTD. [REFERRED TO]
PARAVATHI PARMESHWAR CABLES VS. A.P. TRANSMISSION CORPORATION LTD. [REFERRED TO]
SOUTH CENTRAL RAILWAY EMPLOYEES CO-OP. CREDIT SOCIETY EMPLOYEES UNION VS. B. YASHODABAI [REFERRED TO]
M P STEEL CORPORATION VS. COMMISSIONER OF CENTRAL EXCISE [REFERRED TO]
M P STEEL CORPORATION VS. COMMISSIONER OF CENTRAL EXCISE [REFERRED TO]
A.P. POWER COORDINATION COMMITTEE AND ORS. VS. LANCO KONDAPALLI POWER LTD. AND ORS. [REFERRED TO]
A.P. POWER COORDINATION COMMITTEE AND ORS. VS. LANCO KONDAPALLI POWER LTD. AND ORS. [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [REFERRED TO]
M/S. DELTON ELECTRICALS VS. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED [REFERRED TO]
B K EDUCATIONAL SERVICES PRIVATE LIMITED VS. PARAG GUPTA AND ASSOCIATES [REFERRED TO]
SHANTI CONDUCTORS(P) LTD & ANR VS. ASSAM STATE ELECTRICITY BOARD & ORS [REFERRED TO]
GANESAN REP BY ITS POWER AGENT G. RUKMANI GANESAN VS. THE COMMISSIONER, THE TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD [REFERRED TO]
SOUTH DELHI MUNICIPAL CORPORATION VS. TODAY HOMES AND INFRASTRUCTURE PVT. LTD. [REFERRED TO]
SAGAR SHARMA & ANR VS. PHOENIX ARC PVT LTD & ANR [REFERRED TO]
M.SIDDIQ VS. MAHANT SURESH DAS [REFERRED TO]
BABULAL VARDHARJI GURJAR VS. VEER GURJAR ALUMINIUM INDUSTRIES PRIVATE LIMITED [REFERRED TO]
TECH SHARP ENGINEERS PVT. LTD VS. SANGHVI MOVERS LIMITED [REFERRED TO]
GUJARAT STATE CIVIL SUPPLIES CORPORATION LIMITED VS. MAHAKALI FOODS PRIVATE LIMITED [REFERRED TO]

JUDGEMENT

(1.) Heard Mr. S.P. Dhole, learned counsel for the appellants in all appeals except Appeal No.5/2018, Mr. M.P. Khajanchi, learned counsel for the appellant in Appeal No.5/2018 and Mr. S.V. Purohit, learned counsel for the respondents in all appeals.

(2.) This is a reference made by the Hon'ble the Chief Justice on the request of the learned Division Bench (B. P. Dharmadhikari & Z. A. Haq, JJ.) in Commercial Appeal No.1/2018 [M/s. Sonali Power Equipment through its Managing Director Vs. Chairman, Maharashtra State Electricity Board, Mumbai and others and other connected matters] by the judgment dated 24/08/2018, being unable to agree with the view taken by another learned Division bench (S.C. Dharmadhikari & Smt. Vibha Kankanwadi, JJ.) in M/s. Delton Electricals Vs. Maharashtra State Electricity Distribution Company Limited and others [Commercial Appeal No.38/2017 decided on 31/08/2017 at Bombay], which holds that the claims under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 ("MSMED Act, 2006" for short hereinafter) were not entertainable, if they were barred by the Limitation Act, 1963. The learned referring Bench found that in Delton Electricals (supra) several facets as indicated in para 46 of its judgment were not considered due to which Delton Electricals (supra) required reconsideration.

(3.) As no specific question was framed by the learned referral Bench in Sonali Power Equipment (supra) and the matter has been referred, on 20/09/2023, after hearing the learned Counsel for the parties we, had framed the following question : Q. "Whether the provisions of Indian Limitation Act, 1963 are applicable to proceedings initiated under Section 18 of Micro Small and Medium Enterprises Development Act, 2006 ?"

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SONALI POWER EQUIPMENT Vs. MAHARASHTRA STATE ELECTRICITY BOARD

Referred Judgements :-

JUDGEMENT

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