Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2022 (5) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (5) TMI 1569 - SC - Indian LawsRefusal to condone the delay in filing the written statement - computation of time limitation - HELD THAT:- In that view of the matter, the period from 15.03.2020 till 28.02.2022 shall have to be excluded for the purposes of limitation as may be prescribed under any General or SPECIAL LAWS in respect of all judicial or quasi-judicial proceedings. The Commercial Courts Act, 2015 being a Special Law, the said order shall also be applicable with respect to the limitation prescribed under the Commercial Courts Act, 2015 also. In view of the above and for the reasons stated above and more particularly when the 120 days period expired in the present case on 09.05.2020 which was during the aforesaid period as prescribed by this Court in the aforesaid order, the High Court ought to have excluded the aforesaid period for the purpose of filing the written statement and ought to have permitted to take the written statement on record. The impugned judgment and order passed by the High Court refusing to condone the delay and take on record the written statement is hereby quashed and set aside. The Appeal is accordingly allowed.
|