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2019 (12) TMI 1513 - SC - Indian LawsInterest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Ordinance - suit filed by appellants were within time limitation or not - it is contended that Act, 1993 is retroactive and further any outstanding amount at the time of commencement of the Act ought to attract interest under The interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993. HELD THAT:- Section 3(1) of the Limitation Act, 1963 makes it clear that in event, a suit is instituted after the prescribed period, it shall be dismissed although limitation has not been set up as a defence. The Court by mandate of law, is obliged to dismiss the suit, which is filed beyond limitation even though no pleading or arguments are raised to that effect. The provisions of Sections 4 to 20 are exceptions when suit beyond the period of limitation as prescribed in the Schedule shall not be dismissed as required by Section 3. Order VII Rule 6 uses the words "the plaint shall show the ground upon which exemption from such law is claimed". The exemption provided Under Sections 4 to 20 of the Limitation Act, 1963 are based on certain facts and events. Section 19, with which we are concerned, provide for a fresh period of limitation, which is founded on certain facts, i.e., (i) whether payment on account of debt or of interest on legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy, (ii) an acknowledgement of the payment appears in the handwriting of, or in a writing signed by, the person making the payment. A perusal of the plaint indicates that there is no pleading as to exception of limitation by running any fresh period of limitation as per Section 19. In paragraph 10, the details of delivery challans have been given, last challan being dated 04.10.1993 has been mentioned by which supply was made. In paragraph 12, details of payments received have also been mentioned, in which last being made on 05.03.1994 has been mentioned, but for the last payment made on 05.03.1994, there was no pleading of an acknowledgment on the part of the Respondents, which could result in start of fresh period of limitation - There being no specific pleading by the Plaintiffs claiming any start of fresh period of limitation, there was no occasion for Defendants to raise any reply in reference to Section 19. The scope of review is limited and under the guise of review, Petitioner cannot be permitted to reagitate and reargue the questions, which have already been addressed and decided. The scope of review has been reiterated by this Court from time to time - review petition dismissed. Rectification of mistake - error apparent on the face of record or not - HELD THAT:- Review judgment does not grant interest under Act, 1993 since the High Court in the review judgment did not interfere with the earlier finding that Petitioner is not entitled for benefit under Act, 1993. The review on the ground on which liberty was sought was in essence not accepted by the High Court in its review judgment - there are no ground to review the petition. Review petition dismissed.
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