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2006 (8) TMI 635 - SC - Indian LawsQuantification of damages done and demanded, cannot be legally sustained and accordingly they were set aside - Demand was barred by limitation - breach of conditions of a contract - Challenged the judgment of a Division Bench of the Kerala High Court - HELD THAT:- Unfortunately the Division Bench did not consider the contentions which were raised before the learned Single Judge. It also did not record any positive finding as to whether the document relied upon by the appellant clearly established admission of a breach of contract. The portion of the order of learned Single Judge, quoted above, suggests that there was no dispute when read in the context of the letter. As rightly contended by learned counsel for the appellant the basic issue related to the question whether the demand was barred by limitation. As noted above the Division Bench of the High Court did not examine this question. Above being the question we set aside the order of the Division Bench and remit the matter back for fresh consideration limiting the examination to the question whether the demand by barred by limitation. Interim order shall be operative till the disposal of the matter by the Division Bench. We make it clear that merely because interim protection has been given that shall not be considered to be expression of opinion on merits. The appeals are disposed of accordingly.
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