Limitation under Section 11A and Rule 57-I referred for Supreme Court consideration in light of an identical pending reference

Questions on whether the limitation in Section 11A applies to proceedings under Rule 57-I were treated as fit for reference because an identical reference was already pending in another matter and that fact was not disputed. On that basis, the Tribunal directed that the questions be forwarded to the Supreme Court under Section 35H. The operative point is that the existence of a parallel reference supported making the present reference rather than deciding the limitation issue itself.

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Issues: Whether the questions relating to the applicability of limitation under Section 11A to proceedings under Rule 57-I were to be referred to the Supreme Court under Section 35H.

Analysis: The questions had already been referred in another matter, and the existence of an identical reference was not disputed. In these circumstances, the Tribunal treated the present application as fit for reference under Section 35H and directed forwarding of the questions to the Supreme Court.

Conclusion: The questions were referred to the Supreme Court under Section 35H.

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