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2021 (12) TMI 1476 - HC - Indian LawsSeeking an injunction and restraint order against the defendants from using, divulging, distributing, publishing, revealing or dealing with the proprietary information and trade secrets of the plaintiff - whether the period of limitation for fling of written statement, as contemplated under Order 8 Rule 1 of the CPC got automatically attended, since it is expired during the period of lockdown and to be precise on 09/05/2020? HELD THAT:- A Similar argument was advanced before the Hon’ble Supreme Court in case of SAGUFA AHMED & ORS. VERSUS UPPER ASSAM PLYWOOD PRODUCTS PVT. LTD. & ORS. [2020 (9) TMI 713 - SUPREME COURT] qua the limitation for fling of an Appeal before the National Company Law Appellate Tribunal, on dismissal of the proceedings by the NCLT on 04/08/2020, Section 421 of the Companies Act, 2013 which provide an Appeal to the Tribunal, which shall be fled within a period of 45 days, from the date on which a copy of the order of Tribunal is made available. The proviso, however, permit the Tribunal to entertain an Appeal after expiry of the said period of 45 days, but within a further period not exceeding 45 days, on being satisfied that the appellant was prevented by sufficient cause from fling the Appeal within that period. In the said case, period of 45 days was over on 02/02/2020 and the attended period, which was the discretionary period, also expired on 18/03/2020, before which the Appeal was not fled, but the Appeal came to be fled only on 28/07/2020. There are no other option is available to me in the facts of the given case. The statutory period of limitation within which the written statement could be fled in the present case came to be attended by the discretionary power of the Court and even the period of 120 days expired on 09/05/2020 and when the lockdown came to be imposed, ‘period of limitation’ having already expired, the benefit of the order of the Hon’ble Supreme Court cannot be attended to the defendants. The learned Judge has committed no error in refusing to accept the written statement on record, holding that the defendants have forfeited their right to file the written statement, on expiry of period of 120 days. Finding no legal infirmity in the impugned order, the same is upheld - petition dismissed.
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