High CourtsSingle Bench(2022) 07 OHC CK 0100

Birla Institute of Management (BIMTECH), Gothapatna, BBSR, Khurda vs M/s Fiberfill Interiors and Constructions

Orissa High Court · Decided on 18 July 2022

HON’BLE JUDGES
Arindam Sinha, J
CASE NUMBER
ARBA No.26 Of 2022

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Judgment

6 paragraphs · 169 words

Arindam Sinha, J

1.

Mr. Bhokta, learned advocate appears on behalf of appellant and draws attention to order dated 4th July, 2022. He submits, in paragraph-4 there is record that respondent filed counter claim on 19th September, 2018. He submits, parties have filed documents. There was error in his submission since, the counter statement says it is dated 18th September, 2018. He reiterates, respondent vacated the site on 30th July, 2014. As such, on the face of it, counter claim of respondent was barred by limitation.

2.

Mr. Rana, learned advocate appears on behalf of respondent and he relies on judgment of the Supreme Court in Voltas Ltd. v. Rolta India Ltd. reported in (2014) 4 SCC 516, paragraphs 21 and 22.

3.

In, inter alia, paragraphs 21 and 22 of Voltas Ltd. (supra) the Supreme Court extracted passage from its earlier judgment in State of Goa v. Praveen Enterprises reported in (2012) 12 SCC 581.

4.

List on 28th July, 2022 as prayed for by Mr. Rana.

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