Page No.# 1/2 vs Assam State Warehousing ...
2022 Latest Caselaw 4124 Gua

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GAHC010163132018




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : CRP/102/2018

            M/S AJMERA INDUSTRIAL SERVICES AND ANR.
            5TH FLOOR, ASHA TOWER, S.C. GOSWAMI ROAD, PANBAZAR, GUWAHATI

            2: SRI SUSHIL KUMAR AJMERA
             PROPRIETOR OF M/S. AJMERA INDUSTRIAL SERVICES
             5TH FLOOR
            ASHA TOWER
             S.C. GOSWAMI ROAD
             PANBAZAR
             GUWAHAT

            VERSUS

            ASSAM STATE WAREHOUSING CORPORATION
            PANYAGAR BHAWAN, CHRISTAN BASTI, GUWAHATI



Advocate for the Petitioner   : MR. R J BORDOLOI

Advocate for the Respondent : MR. L SHARMA

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

26.10.2022 Heard Mr. R. K. Bhuyan, the learned counsel appearing on behalf of the petitioners.

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The learned counsel for the petitioners submits that taking into consideration the present pecuniary jurisdiction of the Court of the District Judge in view of the amendment to the Bengal, Agra and Assam Civil Courts Act, 1887, he would not like to press the instant petition. The learned counsel for the petitioner however submits that he may be given the liberty to file a second appeal against the judgment and decree dated 23.12.2015 passed in Money Appeal No.01/2014 before this Court and the period during the pendency of the review petition and the instant proceedings be excluded while computing the period of limitation.

After hearing the learned counsel for the petitioners and also taking into consideration that presently the Court of the District Judge, Kamrup at Guwahati has pecuniary jurisdiction to decide an appeal upto Rs.20 Lakh, this Court permits the petitioners to withdraw the instant petition giving the petitioners the liberty to prefer an appeal under Section 100 of the CPC subject to substantial questions of law be involved in the appeal. Further to that, the period during which the review proceedings was pending before to Court of the District Judge, Kamrup at Guwahati and the instant proceedings before this Court may be taken into consideration as proceedings continued bonafide without jurisdiction, the benefits under Section 14 of the Limitation Act, 1963 shall be available to the petitioners.

In view of the above, the instant petition stands disposed of.

JUDGE

Comparing Assistant