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2022 Supreme(Gau) 1096

ROBIN PHUKAN
B. Fouress Private Limited – Appellant
Versus
State of A. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: D. Panging.
For the Respondent: K. Ete.

JUDGMENT :

ROBIN PHUKAN, J.

1. Correctness or otherwise of the order dated 20.12.2021, passed by the learned Civil Judge (Senior Division), Yupia, in Money Suit No. 95/2019, is put to challenge in this petition under Section 115 CPC, read with Article 227 of the Constitution of India. It is to be noted here that vide impugned order dated 20.12.2021, the learned Civil Judge (Senior Division), Yupia, has dismissed the petition filed by the petitioner under Order VII Rule 11(a) and 11(d) read with Order II Rule 2 and Section 11 of the Code of Civil Procedure, 1908, seeking rejection of the Money Suit No. 95/2019, as barred by applicable law.

2. The factual background, leading to filing of the present petition, is briefly stated as below:

    “The petitioner, namely B. Fouress Private Limited and the respondent, State of Arunachal Pradesh, Department of Hydro Power Development, Itanagar, entered into an agreement on 29.10.1993, in respect of Kush Mini-Hydel Project. The respondent in discharge of the aforesaid contractual obligation has paid some amount of money as consideration on 13.01.1994, 01.08.1994 and 25.08.1994. In course of execution of the said project, some dispute arose between the

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