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april 2008

Supreme Court of India · 2008-04-09

C. Mackertich & Co. & Anr vs The Custodian & Ors

Court
Supreme Court of India
Petitioner
C. Mackertich & Co. & Anr
Respondent
The Custodian & Ors
Bench
B.N. Agrawal, G.S. Singhvi

Judgment text excerpt

The Supreme Court held that the Special Court failed to frame an issue regarding the applicability of the Limitation Act in the Custodian's petition, which was crucial given the appellants' assertion that the petition was barred by limitation. The Court emphasized that the Special Court must address this issue along with others when reconsidering the petition. Consequently, the impugned order was set aside, and the matter was remanded for fresh consideration, leaving the question of limitation open for determination by the Special Court.

C. Mackertich & Co. & Anr vs The Custodian & Ors · Niyam