Limitation under Article 137 to be re-examined after SC set aside the impugned judgment and remitted the matter.

The SC set aside the impugned judgment and remitted the matter for fresh examination of limitation under Article 137 of the Limitation Act. It applied the binding principles in Sagar Sharma v. Phoenix ARC and B.K. Educational Services v. Parag Gupta, directing that the limitation question be reconsidered in light of those decisions. The operative effect was a complete re-evaluation of whether the claim was time-barred under Article 137, rather than a final determination on the merits.

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Issues: Whether the impugned judgment required to be set aside and the question of limitation re-examined in the light of the binding decisions governing limitation under Article 137.

Analysis: The appeal was decided by following the earlier judgment in Sagar Sharma and Another v. Phoenix ARC Pvt. Ltd. and Another, and the Court directed that the question of limitation be reconsidered in the light of B.K. Educational Services Private Limited v. Parag Gupta and Associates and the said later decision. The operative course adopted was to set aside the impugned judgment and send the matter back for fresh examination of limitation applying Article 137 of the Limitation Act.

Conclusion: The impugned judgment was set aside and the matter was remitted for re-examination of limitation under Article 137 of the Limitation Act.

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