Case: Bharat Sanchar Nigam Ltd Vs. Pawan Kumar Gupta

Civil Appeal Nos. 1085/2008 andthe sake of convenience, the facts are taken from the leading case i.e. Civil Appeal No.1085/2008. This appeal arises out of the judgment and order dated 12.07.2007 passed by the High Court of Punjab & Haryana dismissing Regular Second Appeal No. 835/2007 by affirming the judgment and decree dated 2.09.2006 passed by the learned District Judge, Bhiwani in dismissing the original suit filed by the appellant herein against the respondent on the ground that the suit claim is barred by limitation. The correctness of the same is questioned in this appeal(s), urging variousAppeal No. 3420/2012:[B.S.N.L. & Anr. vs. Tata Communications Ltd.:This statutory appeal is arising out of the judgment and order dated 16.11.2011 passed by the Telecom Disputes Settlement and Appellate Tribunal, New Delhi, hereinafter referred to as the Tribunal, Petition No. 423 of 2010 filed by the respondent, wherein it has sought for setting aside of the demand notices dated 28.10.2010 and 12.11.2010 relating to a demand of Rs.1,36,74,762/- containing an amount of Rs.1,29,89,326/, Rs.3,11,950/- and Rs.3,73,486/- of the Appellant No.1 herein, which was allowed by the Tribunal by adverting to certain relevant clauses of the interconnect agreement between the parties.

Reasoning: Civil Appeal Nos. 1085/2008 andview of the aforesaid judgments of this Court, the legal contention urged by the learned senior counsel appearing on behalf of the appellant that the appellant being the agency or instrumentality of the Central Government is entitled to maintain the suit claims within thirty years as provided under Article 112 of the Schedule in the Limitation Act or alternatively, whatever the limitation period which was available for the Central Government, within three years from the date of execution of the agreement are wholly unsustainable in>In our considered view, the questions a, d, e and f framed by the appellant Company in the Memorandum of Appeal would not arise as substantial questions of law in terms of Section 100 of CPC for the consideration of this Court, in its statutory appeal having regard to the undisputed fact that the Tribunal has recorded the finding of fact on the basis of the relevant clauses of the interconnect agreement between the parties and also with reference to the legal contentions urged on behalf of the appellant that it, being an instrumentality of the Central Government, is entitled to the protection under Article 112 of the Limitation Act and, therefore, it was covered by the limitation period of 30 years. The said contention is not tenable in law for the reasons already enumerated in the earlier part of this judgment.Therefore, the finding of fact recorded rejecting the aforesaid contention by the Tribunal is perfectly legal and valid. The same cannot be re-agitated by the appellant Company by framing the substantial questions of law namely a, d, e and f. The said finding is based on proper interpretation of undisputed facts and the relevant clauses of the interconnect agreement and relevant clauses of the Schedule in the Limitation Act.Insofar as the substantial questions framed at b & c in the memorandum of appeal filed are concerned, they also cannot be termed as substantial question of law as it is a question of finding of fact recorded by the Tribunal particularly having regard to the undisputed fact that the Tribunal on the same day of pronouncement of judgment, has awarded interest on the amount of Rs.60,00,000/- payable after the reconciliation of the account that is required to be done by the parties. The said amount was deposited by virtue of an interim order granted by the Tribunal not to disconnect the connection of the respondent, as the disconnection notice issued by the appellant Company was stayed by the Tribunal and such direction was subject to payment of interest etc. on the amount of deposit repayable by the appellant Company after reconciliation and adjustment of the amount legally due to the respondent. That means, the claim of the appellant is not within the period of limitation and therefore, the same do not constitute and cannot be termed as substantial questions of law for consideration of this Court and answer thereof.