Can Limitation Act Apply to Custodian Petitions? Supreme Court Clarifies

Introduction

In a significant ruling, the Supreme Court addressed the applicability of the Limitation Act to petitions filed by custodians. The case, C. Mackertich & Co. & Anr vs The Custodian & Ors, highlights the necessity for courts to consider limitation issues when raised by parties involved in custodial matters. This judgment not only clarifies procedural aspects but also emphasizes the importance of addressing all relevant legal questions in judicial proceedings.

Case Background

The case arose from a petition filed by the Custodian before the Special Court (Trial of Offences Relating to Transactions in Securities) in Bombay. The petition, designated as Miscellaneous Petition No.73 of 1998, was allowed by the Special Court, which stated that the provisions of the Limitation Act would not apply to the petition. The appellants, C. Mackertich & Co. & Anr, contended that the petition was barred by limitation and should be dismissed.

What The Lower Authorities Held

The Special Court did not frame any issues regarding the limitation plea raised by the appellants. This omission became a focal point in the Supreme Court’s review of the case. The appellants argued that the failure to address the limitation issue was a significant procedural error that warranted the setting aside of the impugned order.

Case Details

• Case Reference: C. Mackertich & Co. & Anr vs The Custodian & Ors
• Court: In The Supreme Court Of India
• Bench: Justice B.N. Agrawal, Justice G.S. Singhvi
• Date of Judgment: April 09, 2008