(Anil R. Dave and L. Nageswara Rao, JJ.)
Mohanlal Kojmal Jain & Ors. ________________________ Appellant(s)
v.
Rameshwari Prints Pvt. Ltd. & Ors. __________________ Respondent(s)
Civil Appeal No. 9679 of 2016 [Arising out SLP (C) No. 25156/2013], decided on September 21, 2016
The Judgement of the Court was delivered by
Anil R. Dave, J.:—
1. 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.
Petition(s) for Special Leave to Appeal (C) No(s).25156/2013
Mohanlal Kojmal Jain & Ors _________________________ Petitioner(s)
v.
Rameshwari Prints Pvt. Ltd. & Ors __________________ Respondent(s)
(For final disposal)
Date : 21/09/2016 This petition was called on for hearing today.
(Before Anil R. Dave and L. Nageswara Rao, JJ.)
For Petitioner(s) Mr. Nidhesh Gupta, Sr. Adv.
Mr. Vikas Mehta, Adv.
Ms. Neha Khurana, Adv. Ms. Mehak Sethi, Adv.
Mr. Rajat Sahgal, Adv.
For Respondent(s) Ms. Pinky Anand, ASG
Ms. V. Mohana, Sr. Adv.
Mr. Ajay Sharma, Adv.
Mr. Rajat Nair, Adv.
Mr. M.K. Maroria, Adv.
Ms. Snidha Mehra, Adv.
For Ms. Sushma Suri, Adv.
Mr. Sanjay R. Hegde, Sr. Adv.
Mr. Pranjal Kishore, Adv.
Mr. Atul Shankar Vinod, Adv.
Mr. Nitin J., Adv.
Mr. Anil Kumar Mishra-I, Adv.
UPON hearing the counsel the Court made the following
Order
7. Leave granted.
8. The appeal is disposed of as allowed in terms of the signed Non-reportable judgment.
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