VidhiSangh

Supreme Court of India · 11/12/2023

M/S NORTH EASTERN CHEMICALS INDUSTRIES (P) LTD. & ANR versus M/S ASHOK PAPER MILL (ASSAM) LTD. & ANR.

[2023] 15 S.C.R. 821 · 2023 INSC 1059

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that Article 116 of the Limitation Act did not govern an appeal against the Commissioner of Payments under the Jogighopa acquisition statute. No appeal period having been prescribed, reasonable time applied. The claimant’s intervening pursuit of contempt proceedings supported maintainability, and the appeal was restored for consideration on merits.

Issues

  1. Whether Article 116 governed the statutory appeal against the Commissioner of Payments.
  2. Whether the appeal was filed within reasonable time despite the absence of a prescribed limitation period.

Provisions considered

Held

Result

Appeal allowed. The statutory appeal was restored to the District Judge for decision in accordance with law, preferably within three months of receipt of the judgment. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 821.