ASHOK BHUSHAN,J. - (1.) These review petitions have been filed against the common judgment dated 3.01.2019 passed in Civil Appeal Nos. 8442-8443 of 2016, Civil Appeal No.8450 of 2016 and Civil Appeal No.8445 of 2016, by which all the Civil Appeals were dismissed, sought to be reviewed by these applications. All the review petitions filed have raised different grounds, which need to be considered separately. Review Petition (C) Nos. 786-787 of 2019
(2.) To consider the grounds raised in the review petition, few facts need to be noticed. 2.1 The Assam State Electricity Board, the respondent has issued two supply orders to the petitioner dated 31.03.1992 and 13.05.1992 for supply of aluminium electrical conductors. Petitioner completed supply in pursuance of the above supply orders beginning from June, 1992 till 04.10.1993. The President of India to provide for and regulate payment of interest on delayed payment to small scale industries issued an Ordinance on 23.09.1992 namely "The interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Ordinance", which subsequently became the Act namely "The interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993 (hereinafter referred to as "Act, 1993")" w.e.f. 23.09.1992. 2.2 A Writ Petition (C) No. 1351 of 1993 was filed by Assam Conductors Manufacturers Association on behalf of its five members, which included M/s. Shanti Conductors Private Limited also for realisation of its dues and for seeking payment. An interim order was passed by the Guwahati High Court on 21.07.1993, in which the High Court observed that respondents may settle with the outstanding bills of the petitioners. The respondent paid an amount of approx. Rs.2.15 Crores in instalments to the petitioner and the last instalment of payment being made on 05.03.1994. A Money Suit No.21 of 1997 was filed by the petitioner in the Court of Civil Judge (Sr. Division) No.1 at Guwahati on 10.01.1997 for a decree of Rs.53,68,492.56 towards the interest only on the payment of the principal amount, which had already been received by the petitioner. 2.3 On 28.08.1997, Writ Petition (C) No.1351 of 1993 was dismissed observing that writ petitioner may go to the Civil Court for realisation of its dues. 2.4 The trial court on 02.02.2000 decreed the money suit of the petitioner for Rs.51,60,507.42 with future interest @ 23.75% on a monthly compounding basis. RFA No.66 of 2000 was filed by the petitioner against the judgment of the trial court. The Division Bench made a reference to the Full Bench for answering three points as raised by the counsel for the appellant. Three-Judge Bench answered the reference on 05.03.2002. The respondent filed Special Leave Petition (C) No. 24577 of 2002, which was subsequently converted in Civil Appeal No.2351 of 2003. This Court on 10.07.2012 dismissed the Civil Appeal No.2351 of 2003 [M/s. Assam State Electricity Board Vs. M/s. Shanti Conductors Pvt. Ltd.] alongwith another Civil Appeal No.2348 of 2003 [M/s. Purbanchal Cables and Conductors Pvt. Ltd. Vs. Assam State Electricity Board]. After dismissal of the above Civil Appeals, the Division Bench of the High Court allowed the RFA No.66 of 2000 filed by the respondents and dismissed the suit of the petitioner. 2.5 Against the judgment of the Division Bench dated 20.11.2012, Civil appeal Nos.8442-8443 of 2016 was filed by M/s. Shanti Conductors (P) Ltd, the petitioner in the appeal. Two judgments were delivered by two Hon'ble Judges with two divergent opinion, which judgment is reported in (2016) 16 SCC Page 13. The matter was referred to Three Judge Bench, which heard all the appeals and vide its judgment dated 23.01.2019 dismissed the appeals.
(3.) In the suit filed by the petitioners, one of the questions, which was framed was "Whether the suit filed by the appellants is barred by limitation?" In paragraph 27 of the judgment dated 23.01.2019, Seven question, which had arisen in these appeals have been noticed. Issue No.3 was "Whether money suit by M/s. Shanti Conductors was barred by limitation?;