TMI Blog2021 (1) TMI 804X X X X Extracts X X X X X X X X Extracts X X X X ..... ar from the order dated 23.03.2020 that the extended period of limitation was applicable to all petitions/ applications/suits/appeals and all other proceedings. As such, the delay of four days in filing the written statements in the pending proceedings before the National Commission deserves to be allowed, and is accordingly allowed. It is directed that the written statement filed by the appellant shall be taken on record and the matter shall thereafter be proceeded with expeditiously and in accordance with law - appeal allowed. - CIVIL APPEAL NO.4085 OF 2020 (Arising out of SLP (C) No.13636 of 2020), CIVIL APPEAL NO.4086 OF 2020 (Arising out of SLP (C) No.14309 of 2020), CIVIL APPEAL NO.4087 OF 2020 (Arising out of SLP (C) No.14226 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2019, 30 days time is provided for filing written statement, which could be extended for a further period of 15 days. In the present matter, the period of 30 days expired on 12.08.2020 and extended period of 15 days expired on 27.08.2020. Admittedly, the written statement/reply was filed by the appellant before the National Commission on 31.08.2020, which filing was beyond the period of 45 days. The National Commission thus declined to take the written statement on record in view of the Constitution Bench decision of this Court in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage (P) Ltd.,(2020) 5 SCC 757, wherein it has been held that the Consumer Court has no power to extend the time for filing the response to the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 1 5 t h March 2020 till further order/s to be passed by this Court in present proceedings. We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities. This order may be brought to the notice of all High Courts for being c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
