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2016 DIGILAW 1336 (SC)

Mohanlal Kojmal Jain v. Rameshwari Prints Pvt. Ltd.

2016-09-21

ANIL R.DAVE, L.NAGESWARA RAO

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JUDGMENT : Anil R. Dave, J. Leave granted. 2. Upon hearing the learned counsel and upon perusal of the impugned judgment, we find that certain issues with regard to limitation as well as res judicata have not been properly considered by the High Court. Therefore, we set aside the impugned judgment and remit the matter to the High Court so that it can be heard finally. 3. The parties are directed to appear before the High Court on 3rd October, 2016, so that the date for hearing of the company appeal, i.e., O.J. Appeal No.10 of 2013 can be fixed on that day. 4. We hope that the company appeal shall be finally disposed of at an early date, preferably within three months from the date of intimation of this order. 5. The civil appeal is disposed of as allowed. Pending application, if any, shall stand disposed of. There shall be no order as to costs. 6. We clarify that we have not expressed any opinion on the merits of the case.