JUDGMENT :

SANJAY KAROL, J.

1. The questions to be determined in this lis are:

A) Whether Article 116 of the Limitation Act 1963, applies to proceedings under the Jogighopa (Assam) Unit of Ashok Paper Mills Limited (Acquisition Transfer of Undertaking) Act, 1990.

B) Contingently, if the Limitation Act does not apply then, in the absence of Limitation being placed within the text of the Statute in question, could the Appeal filed against the Order of the Commissioner of Payments be held as maintainable having been filed after a period of nearly three years from the said order?

THE APPEAL

2. This Civil Appeal assails a judgement of the Gauhati High Court passed in CRP No. 263 of 2009 dated 21 July 2011, by which the Civil Revision Petition against the Order dated 14 May 2009 passed by the learned District Judge, Kamrup, Gauhati in M.A Case No. 18/2008 stands allowed.

BACKGROUND OF FACTS AND PREVIOUS PROCEEDINGS

3. The Claimant-Appellants¹[Respondents before the High Court. Hereinafter referred to as Claimant-Appellant.] and Respondents²[Review Petitioner before the High Court] are both companies registered under the Companies Act, 1956. The Appellant had received Orders to supply certain go