Supreme Court of India · 2009-07-21
E.I.C.M. Exports Ltd vs South Indian Corpn. (Agencies) ...
- Citation / case number
- AIR 2009 SUPREME COURT 3127
- Court
- Supreme Court of India
- Petitioner
- E.I.C.M. Exports Ltd
- Respondent
- South Indian Corpn. (Agencies) ...
- Bench
- V. S. Sirpurkar, Markandey Katju
Judgment text excerpt
The Supreme Court remanded the case to the National Consumer Disputes Redressal Commission, emphasizing the applicability of Section 24-A of the Consumer Protection Act, 1986, over the limitation period set by Article III Clause 6 of the Indian Carriage of Goods by Sea Act, 1925. The Court clarified that the term 'suit' pertains specifically to proceedings under the Civil Procedure Code, and thus the dismissal of the complaint as barred by limitation was erroneous. The outcome allows the appellant to have their complaint reconsidered afresh by the National Commission.