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2022 (1) TMI 499 - HC - Indian LawsSuit for recovery of money against the respondent-defendant - breach of contract - seeking extension of period of limitation for filing written statement - HELD THAT:- The submission proceeds on a misconceived notion about concept of limitation. The limitation for filing written statement provided in Order VIII Rule 1 Proviso is thirty days and not one hundred twenty days. The additional period of ninety days is allowed to be utilized for filing the written statement on showing sufficient cause as grace period. It is not the limitation per se. The ninety days additional period allowed to the defendant, it comes into play, if the defendant had failed to file written statement within the prescribed period of thirty days. The ninety days are the additional window following the prescribed limitation in which the defendant may show the sufficient cause to be considered by the Court, to be allowed to file written statement. In SAGUFA AHMED & ORS. VERSUS UPPER ASSAM PLYWOOD PRODUCTS PVT. LTD. & ORS. [2020 (9) TMI 713 - SUPREME COURT], the Supreme Court explained the concept of extension in cognizance of extension of limitation, it was held that the said judgment extended the period of limitation and did not extend period upto which the delay could be condoned in exercise of discretion conferred by the statute concerned. In that case, the Supreme Court upheld the refusal of the tribunal to condone the delay in the context of Section 421(3) and Section 420(3) of the Companies Act, 2013, in respect of the application for condonation of delay and dismissal of appeal. In the facts of the present case, the written statement was not filed by the defendant within the limitation period of thirty days which expired on 28.2.2020. The benefit of extended period of limitation as per the Supreme Court order would not be available to the defendant. Petition allowed.
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