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2004 DIGILAW 49 (SC)

UNION OF INDIA v. WEST COAST PAPER MILLS LTD.

2004-01-13

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( 1 ) ON the question whether the suit filed by the respondent in the trial court was within limitation so far as the claim preferred vide para 69 (A) in original Suit No. 1 of 1974 (renumbered as Original Suit No. 38 of 1982) (see p. 12 of Vol. I of the paper-book), is concerned, the learned counsel for the appellant places reliance on a two-Judge Bench decision of this Court in p. K. Kutty Anuja Raja v. State of Kerala. The learned counsel for the respondent has disputed the correctness of the view taken in P. K. Kutty case by placing reliance on a Constitution Bench decision in S. S. Rathore v. State of M. P. Prima facie, we are of the opinion that the decision in P. K. Kutty case needs consideration by a three-Judge Bench. Hence, adjourned for listing afresh.