M/S North Eastern Chemicals Industries (P) LTD.& Anr. vs M/S Ashok Paper Mill(assam) Ltd. & Anr.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2669 OF 2013

M/S NORTH EASTERN CHEMICALS INDUSTRIES (P) LTD.& ANR. …APPELLANT(S)

VERSUS

M/S ASHOK PAPER MILL(ASSAM) LTD. & ANR. …RESPONDENTS

JUDGMENT

SANJAY KAROL J.,

1. The questions to be determined in this lis are:

A) Whether Article 116 of the Limitation Act 1963, applies to

proceedings under the Jogighopa (Assam) Unit of Ashok

Paper Mills Limited (Acquisition Transfer of Undertaking)

Act, 1990.

B) Contingently, if the Limitation Act does not apply then, in

the absence of Limitation being placed within the text of the Signature Not Verified Digitally signed by NITIN TALREJA Date: 2023.12.11 Statute in question, could the Appeal filed against the Order 16:21:49 IST Reason:

1|[Civil Appeal No. 2669 of 2013] of the Commissioner of Payments be held as maintainable

having been filed after a period of nearly three years from

the said order?

THE APPEAL

2. This Civil Appeal assails a judgement of the Gauhati High

Court passed in CRP No. 263 of 2009 dated 21 July 2011, by which

the Civil Revision Petition against the Order dated 14 May 2009

passed by the learned District Judge, Kamrup, Gauhati in M.A

Case No. 18/2008 stands allowed.

BACKGROUND OF FACTS AND PREVIOUS PROCEEDINGS

3. The Claimant-Appellants1 and Respondents2 are both

companies registered under the Companies Act, 1956. The

Appellant had received Orders to supply certain goods to the

Respondents. After doing so, they raised certain bills which were

only partly paid by the Respondents.

3.1 Subsequently, the Respondents was declared “a sick

company” under the Sick Industrial Companies (Special

Provisions) Act, 1935. For the necessitated rejuvenation of the

1 Respondents before the High Court. Hereinafter referred to as Claimant-Appellant. 2 Review Petitioner before the High Court

2|[Civil Appeal No. 2669 of 2013] industry, the Government of Assam promulgated the Jogighopa

(Assam) Unit of Ashok Paper Mills Limited (Acquisition Transfer of

Undertaking) Act, 19903.

3.2 The Appellant filed its claim under Section 16 of the

Jogighopa Act for a sum of 1,58,375/- along with interest-against

which the Commissioner of Payments awarded4 the principle sum

but no interest. The award of such amount was communicated to

the Claimant - Appellants vide forwarding letter dated 16 July

19975. By letter dated 16 July 19976, the Claimant - Appellants,

under protest, accepted the payment of principal amount in full.

They raised grievance in respect of non-payment of any interest for

the periods of January 1983 to March 1993 and from March 1993

to the date of payment, i.e., 16 July 1997. In such letter, the total

amount of interest claimed was 21,49, 698/-at 18% interest per

annum.

3.3 Aggrieved by the non-payment of such interest claimed, a

Writ Petition7 before the High Court was filed seeking direction to

3 Hereinafter referred to as the Jogighopa Act 4 In Claim Case No. CP/Cat.VI/91/153. By Order dated 30 October 1994 5 Not on record. The date of such forwarding letter is as reflected in Appellants’ response

thereto.

6 Bearing Ref- NECIL/97-98 7 Bearing No. 4210 of 1997. Order Dated 10 November 1997

3|[Civil Appeal No. 2669 of 2013] the Commissioner to consider an award interest on the principal

amount due. Such a request without adjudication of rights of the

parties was acceded to by the High with a direction to consider the

claims within a period of 3 months.

3.4 The Commissioner upon consideration of the request for

grant of interest on delayed payment, amounting to 6,83,688/-8

granted the same. Still aggrieved thereby, the claimants once again

knocked the doors of the High Court9.

3.5 In such proceedings, the High Court in observing that the

entitlement of interest of the claimant company could not be

questioned, referred the matter back to the Commissioner of

Payments to calculate the interest payable afresh, in accordance

with Sections 4 and 5 of the Interest on Delayed Payments to

Small-Scale and Ancillary Industrial Undertaking Act 199310. It

was directed that any additional interest, if found payable, shall

be paid within 60 days of the Order.

8 Made vide letter dated 9 August 2001 by Managing Director of the Appellant. The same is

not on record. The record does show a representation dated 9 May 2001 in which the claim of interest on delayed payment is worth 15, 93,957. However, the Commissioner’s letter of award records that to have been an error in calculation. 9 Writ Petition No. 4520 of 2002. Order dated 19 May 2004 10 For short, “the 1993 Act”

4|[Civil Appeal No. 2669 of 2013] 3.6 Against the said Order, the Respondents – non-claimants

herein filed Review Application11. The ground of assail was that the

amount payable against the bills pending, have already been paid

and therefore no ground for re-calculation of interest is made out.

The High Court, in consideration of the 1993 Act under which the

interest was claimed held that, the interest calculable and due

would only be from 23rd September, 1992 as the Act was brought

into force on such date.

3.7 On further remand12, the Commissioner recorded lack of

funds to consider the request any further and stated that upon

further recalculation, as it is, no further amount payable was

found.

3.8 Subsequently, the Claimant - Appellants filed an appeal

thereagainst as also, moved an Application before the District

Judge, Guwahati under Section 5 of the Limitation Act 1963 for

condonation of delay in filing Appeal No. 18/2008.

3.9 It was observed by the learned District Judge vide Order

dated 14 May 2009 that since no specific time has been provided

for preferring an Appeal upon dissatisfaction with the decision of

11 Review Application 91 of 2001 12 Order bearing No- DI(V)APM/NEC/199/2005/26; Dated 13 April 2005

5|[Civil Appeal No. 2669 of 2013] the Commissioner, before the Principal Civil Court, such an Appeal

is fit to be admitted.

3.10 It is against this Order that the Order impugned before us in

Civil Revision13 came to be passed.

THE IMPUGNED JUDGEMENT

4. The Learned Single Judge in Civil Review, examined the

Limitation Act, 1963 along with various decisions rendered by this

Court and concluded, after detailed consideration that since an

Appeal under Section 22 (8) has been provided to a Principal Court

of Civil jurisdiction without being restricted by a period of

Limitation it would be treated as an Appeal provided under the

Code, that is the Code of Civil Procedure14, to a Court subordinate

to that of a High Court and to such an Appeal, the period of

Limitation as prescribed under Article 116 of the Limitation Act,

1963 would apply. In the instant facts therefore, the conclusion

was that the Appeal was erroneously admitted by the District

Judge and the same to have been dismissed as not maintainable

on the ground of limitation.

13 Petition No. 263/2009 14 Hereinafter referred to as “The Code”

6|[Civil Appeal No. 2669 of 2013] SUBMISSIONS ON BEHALF OF THE PARTIES

5. We have heard at great length, the Learned Senior Counsel

appearing for both parties, Mr. Parthiv K Goswami for the Claimant

- Appellants and Mr. Rajshekhar Rao for the Respondent and have

also perused the written submissions filed.

A. Claimant - Appellants

6. It is submitted that, the Learned Single Judge’s reliance on

Vidyacharan Shukla v. Khubchand Baghel & Ors.15 (Five-Judges

Bench) to arrive at the conclusion that the Appeal under Section

22(8) would be covered by Article 116 of The Limitation Act, 1963

was mistaken as, the majority view therein was that to attract

Article 156 of The Limitation Act 1908, the corresponding Section

to Article 116 of the present Act, it was not necessary that the

Appeal should be conferred by the Code itself. It would be sufficient

if the procedure governing the Appeal would be according to the

Code.

6.1 Unlike the fact situation in Vidyacharan Shukla (supra)

where the concerned provision was 116A (2) of the Representation

of People Act, 1951, The Special Act herein and particularly the

15 AIR 1964 SC 1099 (Five-Judge Bench)

7|[Civil Appeal No. 2669 of 2013] Appeal provision mentioned therein does not provide that the

procedure governing the Appeal shall be in accordance with the

Code. In particular, reliance is placed on paras 6-8, 18, 19 and 33

of the said Constitution Bench judgement.

6.2 Another “condition precedent” for the employment of Article

116 is that the Appeal governed thereby arise from an Order or a

Decree. It is submitted that, in the present case, the Order passed

is neither a Decree nor an Order. Further it is submitted that the

Order dated 13 April 2005 which was the Order against which the

subject Appeal had been filed, was an Order passed by an

executive officer who is neither a Court nor a Civil Court as

recognised in Law. The Learned Senior Counsel relies on Nahar

Industrial Enterprises Ltd. v. Hongkong & Shanghai Banking

Corporation16. In particular, paras 26, 67 – 69, 71 – 73, 85, 86

and 89 are relied upon.

6.3 The powers of the Civil Court, conferred upon the

Commissioner of payments are for a very limited purpose. It is for

this reason that Article 116 would not apply. Thereby meaning that

the present Appeal is outside the purview of the Limitation Act and

16 (2009) 8 SCC 646

8|[Civil Appeal No. 2669 of 2013] can be filed at any time. Reference is made to Uttam Namdeo

Mahale v. Vithal Deo & Ors.17

6.4 It is further submitted that without prejudice to the

contentions made, even if it is concluded that Article116 of the

Limitation Act would apply or that the time period to file Appeal

would be “a reasonable period”, the matter may be remanded to

the District Judge, as the Principal Civil Court of Original

jurisdiction (being the Appellate Court herein) for consideration of

the application under Section 5 of the Limitation Act.

B. Respondent

7. It is submitted that to attract Article 116 of the Limitation

Act, it is not necessary that such Appellate remedy should be

conferred by the Code. It is only that the procedure for such Appeal

be governed under the Code.

7.1 The Act provides for an Appeal from the Order passed by the

Commissioner of payments to lie to a principal Civil Court of

original jurisdiction which, by all intent and purposes is governed

by the Court.

17 (1997) 6 SCC 73

9|[Civil Appeal No. 2669 of 2013] 7.2 A reading of the Statutory scheme, it is submitted, suggests

that the Legislature intended the Commissioner to function as the

Civil Court for “all practical purposes”. The fact that an Appeal

therefrom lies to a Principal Civil Court of Original jurisdiction,

further substantiates such intention.

7.3 It is submitted that Article 116 provides for Limitation in

cases of Appeal under the Code from any Decree or Order to High

Court. Vidyacharan Shukla carved out a third category where the

Appeal is not governed by the provisions of the Code but the

procedure therefore and the powers for dealing there with, are

governed by the Code.

7.4 The Claimant - Appellants contention, it was submitted, runs

strictly contrary to the very objective of the Law of Limitation which

is to ensure that a dispute does not survive endlessly and that the

parties subject thereto are not forever, in the land of uncertainty.

7.5 The Appeal before the District Judge, was filed 3 years 6

months and 22 days after passing of the Order by the

Commissioner of Payments. It is submitted that the delay in

Condonation Application, which states that it was only then that

the Appellant came to know of the provisions of Section 22(8) of

10|[Civil Appeal No. 2669 of 2013] the Jogighopa Act, amounts to ignorance of Law which is not an

excuse permissible.

7.6 It is further submitted that, it is now well settled that the

Courts are not to take a liberal approach in condonation of delay

in the absence of sufficient cause. To substantiate this position,

Learned Senior Counsel refers to Amalendu Kumar Bera v. State

of W.B.18

7.7 It is further submitted without prejudice, that in the absence

of a prescribed Statutory Limitation, approaching the Court, is to

be done within “reasonable time”. Satyan v. Deputy

Commissioner19 is relied on.

7.8 Section 19 of the Act provides for a claim before the

Commissioner to be filed within 30 days from the specified date. It

provides that if such authority is satisfied that the claimant was

prevented by sufficient cause, he may entertain the claim within a

further period of 30 days, but no later – this suggests that the

intention was to provide for a summary and expeditious claim

disposal mechanism. This further suggests, it is submitted, that it

would be unfair to suggest that the Legislature had provided a

18 (2013) 4 SCC 52 19 (2020) 14 SCC 210

11|[Civil Appeal No. 2669 of 2013] strict timeline for claims but intended to provide an endless

opportunity for appeals.

CONSIDERATION BY THIS COURT

8. The term “Court” is not defined under the Code. What it does

define is a decree and an order in Section 2(2) and Section 2(14)

respectively. The said definitions are extracted below.

“Section 2(2) "Decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within 1*** section 144, but shall not include.

(a) any adjudication from which an appeal lies as an appeal from an order, or

(b) any order of dismissal for default.

Explanation. A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.” “Section 2(14) "order" means the formal expression of any decision of a Civil Court which is not a decree.”

9. The Indian Evidence Act, 1872 defines the word “Courts” as

under:-

“3…..“Court”.––“Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence.”

12|[Civil Appeal No. 2669 of 2013] However, this Court in State of M.P v. Anshuman Shukla20

while referring to a judgment of the Calcutta High Court21 observed

that the definition under the said Act is not exhaustive, but all

authorities authorized to take evidence must be held to be courts

under the meaning of said provision.

10. In P. Sarathy v. SBI22 this Court has observed

“13. The Court referred to the earlier decisions in Bharat Bank Ltd. v. Employees [1950 SCC 470 : AIR 1950 SC 188 : 1950 SCR 459] ; Maqbool Hussain v. State of Bombay [AIR 1953 SC 325 : 1953 SCR 730] and Brajnandan Sinha v. Jyoti Narain [AIR 1956 SC 66 : (1955) 2 SCR 955] . The Court approved the rule laid down in these cases that in order to constitute a court in the strict sense of the term, an essential condition is that the court should have, apart from having some of the trappings of a judicial tribunal, power to give a decision or a definitive judgment which has finality and authoritativeness which are the essential tests of a judicial pronouncement.”

11. Article 116 of the Limitation Act provides the period of

limitation for an appeal, a) to a High Court i.e., 90 days from the

date of order/decree; and b) to any other court from an order, 30

days from the date of order/decree.

20 (2008) 7 SCC 487 21 Empress v. Ashootosh Chuckerbutty [ILR (1879-80) 4 Cal 483] 22 (2000) 5 SCC 355

13|[Civil Appeal No. 2669 of 2013]

12. The Claimant - Appellants contend that this court judgment

in Vidyacharan Shukla (supra) is clearly distinguishable from the

present dispute. In the said case, inter alia, the court was faced

with a statute (Representation of Peoples Act, 1951), to which the

Court has been made expressly applicable, whereas the same is

not the case here. On the other hand, the respondents argue that

since an appeal under Section 22 (8) of the Jogighopa Act is to a

principal court of original civil jurisdiction, which qualifies as an

appeal ‘governed by the Court’ – Article 116 of the Limitation Act

shall be attracted.

13. The Constitution Bench in Vidyacharan Shukla referred to

three judgments of High Courts in Aga Mahomed Hamadani v.

Cohen23, Ramasami Pillai v. Deputy Collector of Madura24, and

Dropadi v. Hira Lal25. In each of these three decisions, the

respective High Courts were tasked with the question of

application of Article 156 of the Limitation Act (now Article 116 )

to the Burma Court’s Act, the Provincial Insolvency Act, 1907 and

Land Acquisition Act, 1894 respectively. In Cohen (supra) it was

observed that “the natural meaning of an appeal under the Civil

23 (1886) ILR 13 Cal 221 24 AIR 1920 Mad 407 25 ILR (1912) 34 All 496 (FB)

14|[Civil Appeal No. 2669 of 2013] Procedure Code appears to us to be an appeal governed by the

Code of Civil Procedure so far as procedure is concerned”. In Hira

Lal (Supra) the full bench of the Allahabad High Court observed

that the objection of Section 47 thereof appears to be to attract the

provisions of the Code. In Ramasami Pillai (supra), it was held

that by virtue of Section 54, the procedure in its entirety set out in

the code to govern appeals, was made applicable to the Land

Acquisition Act. Similar to the above said decisions of the High

Courts this Court in the said decision was also dealing with a

statute which expressly made applicable26, the provisions of the

code. The holding, therefore, is that appeals provided for in special

statutes that are governed by the code, can be said to be appeals

under the code for the purposes of Article 116 of the Limitation

Act.

14. We may now refer to Section 22(6) of the Jogighopa Act which

deals with the powers vested in the Commissioner under the Act.

The relevant portion of which reads as under: -

“(6) The commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he will hold his sittings and shall, for the purpose of making an investigation under this Act, have the same powers as are vested in a Civil Court under the

26 Section 90 of Representation of Peoples Act, 1951

15|[Civil Appeal No. 2669 of 2013] Code of Civil Procedure, 1908, in respect of the following matters, namely:-

(a) The summoning and enforcing the attendance of any witness and examining him on Oath :

(b) the discovery and production of any document or other material object producible as evidence ;

(c) the reception of evidences on affidavits;

(d) the issuing of any commission for the examination of witness.”

15. A perusal of the above extracted section of the Jogighopa Act

makes sufficiently clear the commissioner “for the purpose of

making and investigation under this act” shall have the powers

vested in “a civil court” under the Code to the limited extent as

mentioned in (a), (b), (c), (d).

16. The intent of the Assam State Legislature is quite clear. Not

only under Section 22 (6) is the application of the code limited but

further under Section 22 (7)27. The application thereof is also

equally well circumscribed therein, the Commissioner has been

deemed to be a Civil Court for the purposes of Section 195 and

Chapter XXVI of the Code of Criminal Procedure, 1973. Section

195 provides for Prosecution for contempt of lawful authority of

public servants, for offences against public justice and for offences

27 “7.Any investigation before the Commissioner shall be deemed to be a judicial proceeding

within the meaning of Section 193 and 228 of the Indian Penal Code, and the Commissioner shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.”

16|[Civil Appeal No. 2669 of 2013] relating to documents given in evidence. Chapter XXVI relates to

Provisions as to Offences Affecting the Administration of Justice.

17. The above description of the powers of either the Code or

Cr.P.C. clearly testifies to the intent of the state legislature to

specifically restrict the application of both the said codes, to only

the extent provided. The principle of statutory interpretation:

expression unius est exclusion alterius (the expression of one thing

is the exclusion of the other) supports such a view. We also notice

this Court holding International Asset Reconstruction

Company of India vs Official Liquidator28 as extracted below:

“9. The fact that the Tribunal may be vested with some of the powers as a civil court under the Code of Civil Procedure, regarding summoning and enforcing attendance of witnesses, discovery and production of the documents, receiving evidence on affidavits, issuing commission for the examination of witnesses or documents, reviewing its decisions, etc. does not vest in it the status of a court. Section 22(1), in fact, provides that the Tribunal shall not be bound by the procedures under CPC, and can regulate its own procedures in accordance with natural justice.”

(Emphasis supplied)

18. Therefore, it is clear from the above extracted decision that

the vesting of select few powers upon a Tribunal, or as in the

present case, a statutory authority, does not equate the same to

28 (2017) 16 SCC 137

17|[Civil Appeal No. 2669 of 2013] be a Court within the meaning of the code. It is also noteworthy

that Section 22 (6) states “the Commissioner shall have the power

to regulation his own procedure in all matters arising out of the

discharge of his functions including the place or places at which

he will hold his sittings”; This also supports the proposition that

the Code does not apply to the proceedings of the Commissioner.

19. We must consider now, the contention of the respondent that

by virtue of Section 22 (8) providing for an appeal to a court of

Original Civil Jurisdiction thereby the appeal being brought under

the code, implies that the Jogighopa Act itself shall be governed by

the code. Section 22 (8) reads as under: –

“8. A Claimant, who is dissatisfied with the decision of the Commissioner, may prefer an appeal against such decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the undertaking of the Government Company is situated Provided that where a person who is a Judge of High Court is appointed to be the Commissioner such appeal shall lie to the High Court at Guwahati, and such appeal shall be heard and disposed of by not less than two Judges of that High Court.”

20. The above noticed maxim of statutory interpretation would

suggest otherwise. As discussed, the state legislature has been

conscious to make only certain parts of the Jogighopa Act

governable by the code. Here only we may note the proviso to

18|[Civil Appeal No. 2669 of 2013] Section 22 (8) which states that in case the Commissioner under

the Jogighopa Act is a Judge of a High Court, then an appeal from

an order of such Commissioner shall lie before no less than two

Judges of the High Court.

21. It is in this light that we find Section 22 (8) of the Jogighopa

Act cannot be said to be an appeal under the code governed by

Article 116 of the Limitation Act. The conclusion which beckons

then is that the period of limitation mentioned under such article

of the Limitation Act shall not apply to Section 22 (8) of the

Jogighopa Act. The Claimant - Appellants contention of the

impugned judgement’s reliance on with Vidyacharan Shukla

(supra) being misplaced, therefore, has to be accepted.

22. Having come to the conclusion as above, we are required to

consider, whether the instant appeal, filed against the order of the

Commissioner of Payments is maintainable or not? Prior to delving

into such a question, we would also need to examine as to whether

in the absence of an expressly prescribed limitation, can an appeal

from an order passed by the Commissioner of Payments, be

entertained, irrespective of passage of time?

19|[Civil Appeal No. 2669 of 2013]

23. This dispute concerns the exercise of a statutory right. The

issue of no express limitation being provided in regard to the

exercise of a right to assail the order has captured the attention of

this Court, earlier, on certain occasions. We may refer to some

decisions hereinbelow: –

23.1 In State of Punjab & Ors. v. Bhatinda District

Cooperative Milk Producers Union29 this Court

observed that -

“18. It is trite that if no period of limitation has been prescribed, statutory authority must exercise its jurisdiction within a reasonable period. What, however, shall be the reasonable period would depend upon the nature of the statute, rights and liabilities thereunder and other relevant factors.”

The principle stands reiterated in Securities and

Exchange Board of India v. Sunil Krishna Khaitan &

Ors.30

23.2 In Jagdish v. State of Karnataka31, this Court referred

to a number of decisions to reiterate that where the

statute in question does not prescribe a limitation, the

29 (2007) 11 SCC 363 30 (2023) 2 SCC 643 31 (2021) 12 SCC 812

20|[Civil Appeal No. 2669 of 2013] rights conferred therein must be exercised within

reasonable time.

23.3 This aspect of reasonable time was recently discussed

by this Court in Madras Aluminium Co Ltd v. Tamil

Nadu State Electricity Board32, having referred a

three-Judge Bench decision in SEBI v. Bhavesh

Pabari33 stating that the concept is to be applied and

judged in each case per its own peculiar facts.

24. We further refer to observations made in Ajaib Singh v.

Sirhind Coop. Marketing-cum-Processing Service Society

Ltd.34 to the effect that Courts should be wary of prescribing

specific period of limitation in cases where the legislature has

refrained from doing so. It was further observed that where the

defence of delay is employed in a situation where no limitation is

prescribed vide statute, the exact prejudice or loss suffered by the

party if such a delay is condoned, must be shown on facts. In other

words, in the absence of a specific limitation it would be improper

for courts to dismiss a plea is solely on the ground of delay without

32 (2023) 8 SCC 240 33 (2019) 5 SCC 90 34 (1999) 6 SCC 82

21|[Civil Appeal No. 2669 of 2013] having examined the nature of laws order prejudice caused to the

other party in the facts and circumstances of the case at hand.

The holding in Ajaib Singh (supra) was affirmed by a three-Judge

Bench of this court in Purohit & Co. v. Khatoonbee.35

25. In light of above discussion, it is clear that when a Court is

seized of a situation where no limitation stands provided either by

specific applicability of the Limitation Act or the special statute

governing the dispute, the Court must undertake a holistic

assessment of the facts and circumstances of the case to examine

the possibility of delay causing prejudice to a party. When no

limitation stands prescribed it would be inappropriate for a Court

to supplant the legislature’ s wisdom by its own and provide a

limitation, more so in accordance with what it believes to be the

appropriate period. A court should, in such a situation consider in

the facts and circumstances of the case at hand, the conduct of

the parties, the nature of the proceeding, the length of delay, the

possibility of prejudice being caused, and the scheme of the statute

in question. It may be underscored here that when a party to a

dispute raises a plea of delay despite no specific period being

35 (2017) 4 SCC 783

22|[Civil Appeal No. 2669 of 2013] prescribed in the statute, such a party also bears the burden of

demonstrating how the delay in itself would cause the party

additional prejudice or loss as opposed to, the claim subject matter

of dispute, being raised at an earlier point in time.

26. In determining the question at hand, it would also be useful

to take note of the statutory scheme of the Jogighopa Act. Section

17 of the Act states that the State government or government

company shall, within 30 days of the appointed day, pay in cash

all amounts under Sections 8 and 9 of the Act to the Commissioner

for discharge of the liability of the company. Section 19 states that

every person having a claim to payments under the schedule shall

make a claim before the Commissioner within a period of 30 days

from specified date. The proviso thereto states that the

Commissioner also has the power to entertain claims made for an

additional 30 days after the expiry of the initial period, but not

thereafter. Section 20 read with the schedule, prescribes priority

of payments when discharging the liabilities. As evident from the

above referred to provisions, the state legislature was conscious of

the aspect of limitation and has categorically therefore, prescribed

periods for claims to be made so as to not leave open the possibility

23|[Civil Appeal No. 2669 of 2013] of a claim, indefinitely. Crucially, the legislature omitted placing

any period of limitation when it came to Section 22 (8) of the Act.

27. When a statute, either general or specific in application,

provides for a limitation within which to file an appeal, the parties

interested in doing so are put to notice of the requirement to act

with expedition. However, opposite thereto, in cases such as the

present one where neither statute provides for an explicit

limitation, such urgency may be absent. While it is still true that,

as held in Ajaib (supra), this does not entitle parties to litigate

issues decades later, however shorter delays, in such

circumstances, would not attract delay and laches.

28. The present facts are that the Claimant - Appellants are

aggrieved by an order of The Commissioner of Payments dated 13

April 2005. The appeal filed thereagainst was on 5 November 2008.

In the intervening period, it is submitted by the Claimant -

Appellants that they pursued remedies by way of a Contempt

Petition before the High Court36 which came to be disposed of on 1

April 2008 without any particular relief having been granted. The

appeal before the District Judge, under section 22(8) of the

36 Contempt Case 293 Of 2005, filed on 11 May 2005.

24|[Civil Appeal No. 2669 of 2013] Jogighopa Act, came to be filed thereafter and the order in question

was passed on 5 November 2008.

29. Consequent to the discussion made hereinabove, i.e., neither

the general nor the specific statute providing for an appeal from an

order of the Commissioner of Payments within a specified period

of time, the Claimant – Appellants’ appeal cannot be said to be

barred by time. The same would therefore, be maintainable.

30. The questions raised in this appeal are answered as under-

30.1 The Jogighopa (Assam) Unit of Ashok Paper Mills

Limited (Acquisition Transfer of Undertaking) Act,

1990, is not governed by the prescription of limitation

under Article 116 of the Limitation Act, 1963, as the

appeal thereunder, from an order of the Commissioner

of payments cannot be said to be an appeal under the

Code of Civil Procedure, 1908 for the Legislature of the

State of Assam has been categorical in limiting the

application of the code to certain aspects of the Act

only. Given that the Jogighopa Act allows for a Judge

of the High Court to be the Commissioner of Payments

and then categorically provides for an appeal to lie

25|[Civil Appeal No. 2669 of 2013] therefrom, Division Bench of the High Court further

evidences the sui generis nature of the appeal

procedure provided therein.

30.2 In the absence of any particular period of time being

prescribed to file an appeal, the same would be

governed by the principle of ‘reasonable time’, for

which, by virtue of its very nature, no straitjacket

formula can be laid down and it is to be determined as

per the facts and circumstances of each case. In the

present lis, having regard to the sequence of events, as

taken note of above-the Claimant - Appellants cannot

be said to have transgressed the boundaries of

reasonable time in filing their appeal before the District

Judge.

31. The appeal is allowed in the aforesaid terms. The file is

restored to the docket of the concerned District Judge for him to

proceed in accordance with law and in light of the discussions

made herein. The same be decided possibly within a period of

three months from the date on which a copy of this judgment and

26|[Civil Appeal No. 2669 of 2013] order is received by the District Judge, as is necessitated by the

attending facts and circumstances.

32. Parties to bear respective costs.

…….….....……….J (ABHAY S. OKA)

…............……….J (SANJAY KAROL)

New Delhi;

Dated : 11 December 2023.

27|[Civil Appeal No. 2669 of 2013]