Bajaj Electricals Limited vs M/S Ramgopal Somani on 23 March, 2026

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    Chattisgarh High Court

    Bajaj Electricals Limited vs M/S Ramgopal Somani on 23 March, 2026

                Digitally signed by
    YOGESH YOGESH TIWARI
    TIWARI Date: 2026.03.28
           14:34:58 +0530
    
    
    
    
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                                                                                        2026:CGHC:13703
                                                                                                      AFR
    
                                                HIGH COURT OF CHHATTISGARH AT BILASPUR
    
    
                                                              REVP No. 63 of 2026
    
                                      Bajaj Electricals Limited, Through Power of Attorney Holder Shri
                                      Ashwani Samal, Aged About 47 Years, S/o Shri Abhimanyu Samal,
                                      Address 406, Wallfort Ozone, 4th Floor, Near Fafadih Chowk, Raipur,
                                      C.G. Pin 492001.
                                                                                                ... Petitioner
                                                                      versus
                                      1 - M/s Ramgopal Somani Station Road, Champa, Tahsil Champa, Distt.
                                      Janjgir Champa, Chhattisgarh.
                                      2 - Ramgopal Somani S/o Late Shri Ganesh Narayan Somani Aged
                                      About 69 Years Partners of M/s Ramgopal Somani, And R/o Barpali
                                      Chowk, Champa, Tahsil Champa, Distt. Jajgir Champa, Chhattisgarh.
                                      3 - Varun Kumar Somani S/o Shri Ramgopal Somani Aged About 34
                                      Years Partners of M/s Ramgopal Somani, And R/o Barpali Chowk,
                                      Champa, Tahsil Champa, Distt. Janjgir Champa, Chhattisgarh.
                                      4 - Rahul Somani S/o Shri Pawan Kumar Somani Aged About 36 Years
                                      Partners of M/s Ramgopal Somani And R/o Barpali Chowk, Champa,
                                      Tahsil Champa, Distt. Janjgir Champa, Chhattisgarh.
                                      5 - Mrs. Rekha Somani W/o Shri Pawan Kumar Somani Aged About 59
                                      Years Partners of M/s Ramgopal Somani And R/o Barpali Chowk,
                                      Champa, Tahsil Champa, Distt. Janjgir Champa, Chhattisgarh.
                                                                                            ... Respondents

    (Cause-title taken from Case Information System)
    For Petitioner : Mr. Vivek Chopda, Advocate (through Video
    Conference) assisted by Mr. Harshmander
    Rastogi, Advocate
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    Hon’ble Shri Amitendra Kishore Prasad, Judge
    Order on Board
    23.03.2026

    SPONSORED

    1. By the present petition, the review petitioner seeks review of the

    order dated 12.01.2026 passed in Civil Revision No.11 of 2026,

    whereby this Court disposed of the civil revision preferred by the

    respondents herein, holding that, considering the aforesaid

    aspects of the matter, the impugned order dated 06.12.2025

    passed by the learned Commercial Court (District Judge Level),

    Raipur in Commercial Suit No. 12-B/2025 was set aside, and the

    learned Trial Court was directed to frame a preliminary issue on

    the question of limitation, afford adequate opportunity to the

    parties to lead evidence, and thereafter decide the said issue in

    accordance with law; it was further observed that if, upon

    recording evidence, the Trial Court arrives at a conclusion that the

    suit is within limitation, it shall proceed to adjudicate the suit on

    merits, and if the suit is found to be barred by limitation,

    appropriate orders shall be passed in accordance with law, it being

    held that the issue of limitation, as a mixed question of law and

    fact, is required to be adjudicated during the course of trial.

    2. The facts of the case, as presented before this Court, are that the

    plaintiff, a company registered under the provisions of the

    Companies Act, instituted a suit for recovery of Rs.72,35,625.05/-

    through its authorized power of attorney holder. It was pleaded

    that defendant No.1 is a partnership firm and defendant Nos.2 to 5
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    are its partners. As per the plaint, the defendants approached the

    plaintiff on 21.01.2016 and placed a purchase order for supply of

    electric poles and high mast lights, pursuant to which an advance

    of Rs.7,00,000/- was paid. The total value of the goods was

    Rs.68,39,100/- including GST, and the plaintiff claims to have

    supplied the material between 27.03.2016 and 10.05.2016.

    According to the plaintiff’s ledger, an amount of Rs.61,39,100/-

    remained outstanding. It is further stated that a cheque issued by

    the defendants towards the said amount was dishonoured, leading

    to proceedings under Section 138 of the Negotiable Instruments

    Act. Thereafter, a partial payment of Rs.30,00,000/- was made on

    09.01.2017, leaving a balance of Rs.31,39,100/-. A demand notice

    dated 18.11.2019 was issued, and the plaintiff initially filed a civil

    suit on 19.12.2019, which came to be returned on 12.04.2023 for

    want of territorial jurisdiction. The suit presented before the District

    Judge, Janjgir was again returned on 27.06.2023 at the admission

    stage on the ground of lack of jurisdiction. Subsequently, a suit

    filed before the Commercial Court, Naya Raipur was rejected on

    03.10.2023 for non-compliance of Section 12A of the Commercial

    Courts Act, and thereafter, upon alleged compliance, the present

    suit came to be filed on 21.08.2025.

    3. After service of summons, the defendants filed applications under

    Order VII Rule 11 of the Code of Civil Procedure contending that,

    as per the plaint averments, the last payment was made on

    09.01.2017 and thus the cause of action arose on that date. It was
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    argued that the suit, being one for recovery arising out of

    commercial transactions, is governed by Articles 26 and 41 of the

    Limitation Act prescribing a limitation period of three years, and

    therefore the suit filed on 21.08.2025 is clearly barred by limitation.

    It was further contended that proceedings before forums lacking

    jurisdiction or rejection of plaints on technical grounds do not

    extend limitation. The plaintiff opposed the applications contending

    that the earlier plaints were rejected on technical grounds and that

    a fresh cause of action arose on 03.10.2023 upon rejection of the

    plaint for non-compliance of Section 12A of the Commercial

    Courts Act, bringing the suit within limitation under Article 113 of

    the Limitation Act, and also claimed benefit of exclusion of time

    under Section 14 of the Limitation Act. The learned Trial Court, by

    the impugned order, accepted the contention of the plaintiff and

    rejected the applications under Order VII Rule 11 CPC, holding the

    suit to be within limitation.

    4. Aggrieved by the impugned order dated 06.12.2025, defendants

    No.03 and 05 have filed the civil revision bearing Civil Revision

    No.11 of 2026, which was disposed of by this Court vide order

    dated 12.01.2026.

    5. Calling in question the impugned order dated 12.01.2026, the

    review petitioner has filed the present review petition.

    6. Learned counsel for the review petitioner submits that the

    impugned order dated 12.01.2026 has been passed in the
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    absence of notice to the present petitioner in the revision

    proceedings and, therefore, the petitioner was deprived of an

    effective opportunity of hearing. It is contended that due to non-

    service of notice, the petitioner could not place its submissions,

    factual matrix, and relevant legal position before this Hon’ble

    Court, which has resulted in serious prejudice. Learned counsel

    submits that it is a settled principle that where an affected party

    has not been afforded an opportunity to be heard, the Court may

    exercise its review jurisdiction to ensure that the matter is

    adjudicated after hearing all concerned parties. It is further

    submitted that the learned Commercial Court, while passing the

    order dated 06.12.2025, had relied upon the binding judgment of

    the Hon’ble Supreme Court in Indian Evangelical Lutheran

    Church Trust Association vs. Sri Bala & Co., 2025 SCC

    OnLine SC 48, which directly governs the issue involved in the

    present case. Learned counsel submits that the said judgment

    lays down that where a plaint is rejected under Order VII Rule 11

    CPC and a subsequent suit is instituted under Order VII Rule 13

    CPC, the limitation for such subsequent suit is to be governed by

    Article 113 of the Limitation Act, and the right to sue would accrue

    from the date of rejection of the earlier plaint. It is contended that

    the said binding precedent does not appear to have been brought

    to the notice of this Court at the time of hearing of the revision.

    7. Learned counsel further submits that the material dates relevant to

    the issue of limitation, including the date of rejection of the earlier
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    plaint i.e. 03.10.2023 and the date of institution of the subsequent

    suit i.e. 21.08.2025, are admitted and not in dispute between the

    parties. Therefore, the issue involved was essentially one of

    application of settled legal principles to undisputed facts, rather

    than requiring detailed evidence. It is contended that the learned

    Commercial Court, after considering the entire factual background

    and applying the law laid down by the Hon’ble Supreme Court,

    had rightly come to the conclusion that the suit was within

    limitation. It is also submitted that the direction issued by this Court

    to frame a preliminary issue on limitation and to decide the same

    after recording evidence may unnecessarily prolong the

    proceedings in a commercial dispute where expedition is the

    legislative intent. Learned counsel submits that when the

    foundational facts are admitted and the legal position is clear,

    relegating the parties to trial on the issue of limitation would defeat

    the purpose of Order VII Rule 11 CPC as well as the scheme of

    the Commercial Courts Act, which mandates speedy disposal of

    commercial disputes.

    8. Learned counsel, therefore, submits that the present review

    petition has been filed bona fide and in the interest of justice,

    seeking an opportunity to place complete submissions and binding

    precedents before this Court. It is prayed that the impugned order

    dated 12.01.2026 be reviewed and the matter be reconsidered

    after affording an opportunity of hearing to the petitioner, so as to
    7

    ensure a fair, complete, and legally sound adjudication of the issue

    involved.

    9. Having considered the submissions advanced by learned counsel

    for the review petitioner and upon perusal of the material available

    on record, this Court is of the considered opinion that no ground

    warranting interference in exercise of review jurisdiction is made

    out. The scope of review under Order XLVII Rule 1 CPC is

    extremely limited and does not permit rehearing of the matter on

    merits or substitution of a different view merely because another

    view is possible. The power of review can be exercised only in

    cases of error apparent on the face of the record, discovery of new

    and important matter which could not be produced earlier despite

    due diligence, or for any other sufficient reason akin thereto.

    10. In the present case, this Court, while passing the order dated

    12.01.2026 in Civil Revision No. 11 of 2026, had examined the

    issue in detail and recorded a categorical finding that the question

    of limitation, in the facts of the case, involves mixed questions of

    law and fact. It was observed that although certain dates are not in

    dispute, the entitlement of the plaintiff to seek exclusion of time

    under Section 14 of the Limitation Act, the applicability of different

    Articles of the Limitation Act, and the effect of earlier proceedings

    instituted before various forums, are aspects which require factual

    adjudication regarding diligence, bona fides and jurisdiction. Such

    issues cannot be conclusively determined merely on the basis of
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    pleadings without permitting the parties to lead evidence. This

    Court had, therefore, set aside the order of the learned

    Commercial Court to the limited extent that instead of finally

    holding the suit to be within limitation, a preliminary issue on

    limitation ought to be framed and decided after affording

    opportunity to the parties to adduce evidence. The direction issued

    by this Court is thus procedural in nature, intended to ensure a fair

    adjudication of the issue of limitation in accordance with law,

    without foreclosing the rights of either party. The same neither

    decides the issue finally nor causes any prejudice to the review

    petitioner so as to warrant interference in review.

    11. So far as the reliance placed by the review petitioner on the

    judgment of the Hon’ble Supreme Court in Indian Evangelical

    Lutheran Church Trust Association (supra) is concerned, this

    Court finds that the applicability of the said judgment itself

    depends upon the factual matrix of the case, including the nature

    of earlier proceedings, the circumstances in which the plaint came

    to be rejected, and the entitlement of the plaintiff to invoke the

    benefit of relevant provisions of the Limitation Act. These aspects,

    as already observed, require adjudication on evidence and cannot

    be conclusively determined in exercise of revisional jurisdiction or

    in review proceedings.

    12. The contention regarding non-service of notice also does not

    persuade this Court to exercise review jurisdiction, inasmuch as
    9

    the order passed in the revision petition does not finally adjudicate

    the rights of the parties but merely directs the Trial Court to decide

    the issue of limitation as a preliminary issue after affording full

    opportunity to both sides. The review petitioner shall have ample

    opportunity to raise all permissible pleas, including those based on

    limitation and binding precedents, before the learned Trial Court.

    13. It is well settled that the scope of review jurisdiction under Order

    XLVII of the Code of Civil Procedure, 1908, is extremely limited.

    Review is permissible only to correct a manifest error or an error

    apparent on the face of the record. Re-appreciation or re-

    evaluation of evidence, reassessment of facts, or substitution of

    one conclusion for another amounts to appellate jurisdiction, which

    is impermissible in review proceedings. (Devaraju Pillai v.

    Sellayya Pillai1, Meera Bhanja (Smt) v. Nirmala Kumari

    Choudhury (Smt)2, Avijit Tea Co. Pvt. Ltd. v. Terai Tea Co. and

    others3, Lily Thomas etc. v. Union of India and others4,

    Akhilesh Yavad v. Vishwanath Chaturvedi and others 5 and

    Sasi (D) through LRS. v. Aravindakshan Nair and others6.)

    14. Very recently in Malleeswari v. K. Suguna and another, 2025

    SCC OnLine SC 1927, the Hon’ble Supreme Court has observed

    as under :-

    1 (1987) 1 SCC 61
    2 (1995) 1 SCC 170
    3 (1996) 10 SCC 174
    4 AIR 2000 SC 1650
    5 (2013) 2 SCC 1
    6 (2017) 4 SCC 692
    10

    “15. It is axiomatic that the right of appeal
    cannot be assumed unless expressly conferred
    by the statute or the rules having the force of a
    statute. The review jurisdiction cannot be
    assumed unless it is conferred by law on the
    authority or the Court. Section 114 and Order
    47, Rule 1 of CPC
    deal with the power of
    review of the courts. The power of review is
    different from appellate power and is subject to
    the following limitations to maintain the finality
    of judicial decisions:

    15.1 The review proceedings are not by way of
    an appeal and have to be strictly confined to
    the scope and ambit of Order 47 Rule 1 of
    CPC
    . (Meera Bhanja v. Nirmala Kumari
    Choudhary
    , (1995) 1 SCC 170).

    15.2 Review is not to be confused with
    appellate powers, which may enable an
    appellate court to correct all manner of errors
    committed by the subordinate court. (Aribam
    Tuleshwar Sharma v Aribam Pishak Sharma
    ,
    (1979) 4 SCC 389).

    15.3 In exercise of the jurisdiction under Order
    47 Rule 1 of CPC
    , it is not permissible for an
    erroneous decision to be reheard and
    corrected. A review petition, it must be
    remembered, has a limited purpose and cannot
    be allowed to be an appeal in disguise.

    (Pursion Devtu. Sumitri Devi, (1997) 8 SCC

    715).

    15.4 The power of review can be exercised for
    the correction of a mistake, but not to substitute
    11

    a view. Such powers can be exercised within
    the limits specified in the statute governing the
    exercise of power. (Lily Thomas Union of India,
    (2000) 6 SCC 224).

    15.5 The review court does not sit in appeal
    over its own order. A rehearing of the matter is
    impermissible. It constitutes an exception to the
    general rule that once a judgment is signed or
    pronounced, it should not be altered,
    (Inderchand Jain v. Motilal, (2009) 14 SCC

    663). Hence, it is invoked only to prevent a
    miscarriage of justice or to correct grave and
    palpable errors. (Shivdev Singh State of
    Punjah, AIR (1963) SC 1909).”

    15. The grounds raised in the present review petition, including the

    submissions relating to limitation, applicability of Article 113 of the

    Limitation Act, and reliance placed on the judgment of the Hon’ble

    Supreme Court in Indian Evangelical Lutheran Church Trust

    Association (supra) essentially amount to seeking a rehearing of

    the matter on merits. The petitioner has attempted to assail the

    correctness of the findings recorded by this Court in the order

    dated 12.01.2026 by re-arguing issues which have already been

    considered. It is well settled that the review jurisdiction under

    Order XLVII of the Code of Civil Procedure, 1908 is extremely

    limited and does not permit re-appreciation of the issues or

    substitution of a different view merely because another

    interpretation is possible. The contentions raised by the petitioner,

    which seek reconsideration of the conclusions on the nature of
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    limitation and the necessity of evidence, fall outside the

    permissible scope of review.

    16. Even otherwise, upon consideration of the submissions on merits,

    no error apparent on the face of the record is made out in the

    impugned order dated 12.01.2026. This Court, while passing the

    said order, had taken into account the entire factual background,

    including the admitted dates, prior proceedings, and the rival

    contentions of the parties, and had rightly held that the issue of

    limitation in the present case involves mixed questions of law and

    fact requiring adjudication upon evidence. The reliance placed by

    the petitioner on the aforesaid judgment of the Hon’ble Supreme

    Court does not advance the case of the petitioner at this stage,

    inasmuch as the applicability of the said judgment itself depends

    upon factual aspects which are yet to be adjudicated by the

    learned Trial Court. The directions issued by this Court are

    procedural in nature and do not finally determine the rights of the

    parties.

    17. In view of the foregoing discussion, this Court is satisfied that the

    petitioner has failed to demonstrate any error apparent on the

    face of the record, or any other sufficient ground warranting

    exercise of review jurisdiction. The impugned order dated

    12.01.2026 passed in Civil Revision No.11 of 2026 does not

    suffer from any illegality, perversity, or jurisdictional error calling

    for interference.

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    18. Accordingly, the review petition, being devoid of merit, deserves to

    be and is hereby dismissed.

    19. No order as to costs.

    Sd/-

    (Amitendra Kishore Prasad)
    Judge
    Yogesh
    14

    Head-Note

    The review jurisdiction under Order XLVII Rule 1 CPC is extremely

    limited and cannot be invoked for rehearing or reappreciation of the

    merits, as the review Court does not sit in appeal over its own order. A

    rehearing on merits is impermissible, the power of review being an

    exception to the rule of finality of judgments, exercisable only to prevent

    miscarriage of justice or to correct grave and palpable errors.



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