AIR 2005 SUPREME COURT 4138 ::2005 AIR SCW 3285 ::(2005) 1 WLC(SC)CVL 609 ::2005 (4) SCC 613 ::(2005) 3 Scale 524 ::2005 (2) All CJ 1253 ::2005 (5) Bom CR 374 ::2005 (3) BLJ 423 ::(2005) 2 Pun LR 743 ::(2005) 4 SCJ 20 ::2005 (3) Bom LR 876 ::2005 Bom LR 3 876 ::2005 (4) SLT 410 ::2005 (4) Supreme 181 ::2005 (5) SRJ 110 ::(2005) 3 JT 607 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Ashok Bhan, A. K. Mathur , JJ

(A) Major Port Trusts Act (38 of 1963) , S.120— Suit for damages/compensation against Board - Suit partly decreed on admission - Could be subsequently @page-SC4139dismissed on ground of limitation for remaining amount. Civil P.C. (5 of 1908) , O.12 R.6— Limitation Act (36 of 1963) , S.3— The lis between the parties is, the refusal of rebate of corresponding levy of surcharge to the extent of Rs. 7.80 per metric tonne aggregating to Rs. 55,36,710.10 paise for the year April, 1983 to March, 1984. By agreeing to pay Rs. 7,09,835/- which the respondent-Board was always ready and willing to pay, would not affect the Board's legal contention regarding the claim of Rs. 55,36,710.10 paise being not maintainable in the absence of a notice under S. 120, O. 12, R. 6 empowers the Court where an admission of fact is made either in the pleadings or otherwise, whether orally or in writing to make such order or such judgment as it thinks fit either on the application of a party or on its own motion and without waiting for determination of any other questions between the parties. Therefore, by passing a decree on admission under O. 12, R. 6 it cannot be said that there was any determination of the question of limitation or maintainability of the suit. Simply because the Board had agreed to pay the sum of Rs. 7,09,835/- as committed by them in their letter date....