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2005 Supreme(Cal) 642

SUBHRO KAMAL MUKHERJEE, RUDRENDRA NATH BANERJEE
MINATI ENGINEERING WORKS – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
AJAY KRISHNA CHATTERJEE, Ayan Banerjee, JOYDEEP KAR, Kartick Bhattacharyya, Nani Gopal Chakrabarty, SAKTINATH MUKHERJI, Saptangshu Basu, UDAYAN SEN

RUDRENDRA NATH BANERJEE, J.

( 1 ) THESE appeal and revisional application are directed against the order dated January 18, 2002 passed by the learned Civil Judge (Senior Division), Third Court, Howrah allowing a petition under section 5 of the Limitation Act and a petition under Order 47, Rule 1 of the Civil Procedure code for review of the judgment and decree dated February 15, 1993 passed in Money Suit No. 8 of 1991.

( 2 ) INITIALLY, the plaintiff, Minati Engineering Works, filed this Money suit No 8 of 1991 in the trial Court inter alia against the Union of India, the general Manager, Bharat Cooking Coal Limited, for realisation of Rs. 6,36,206. 67 paisa, as price of valves of different sizes supplied by the plaintiff-firm upon acceptance of tender by the defendant, Bharat Cooking Coal Limited. In the said suit the plaintiff prayed for the following reliefs :

"a) Decree for realization of the entire amount i. e. Rs. 6,36,196. 87p. from the defendants be passed. B) Decree for interest as per Govt. rate for withholding payment illegally. C) Any other equitable relief/reliefs as the plaintiff is entitled to get. D) Cost of the suit. E) Attachment. "

( 3 ) THE said suit was decreed


































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