Mediation Time Period Can Be Excluded While Computing Limitation For Filing Written Statement: Delhi High Court
1 month, 3 weeks ago

Mediation Time Period Can Be Excluded While Computing Limitation For Filing Written Statement: Delhi High Court

Live Law  

The Delhi High Court has observed that the time spent during the mediation process can be excluded while calculating the limitation period for filing a written statement under the Delhi High Court Rules, 2018. The Joint Registrar however dismissed their applications for condonation of delay on the ground that the written statements were filed beyond the period prescribed in CPC as well as the Delhi High Court Rules. Opposing the plea, the plaintiff contended that as per Rule 4 of Chapter VII of the Delhi High Court Rules, 2018, the Court does not have the power to condone the delay in filing written statement beyond a period of 120 days. “Since this Court has excluded the time spent in Mediation and since the written statement has been filed within the period of maximum 120 days excluding the period spent in Mediation, this Court is inclined to accept the written statement filed by Defendants No.1 and 4, subject to the payment of costs of Rs.5,000/- to be deposited with “Armed Forces Battle Casualties Welfare Fund”.” Case title: Bharat Singh vs. Karan Singh & Ors.

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History of this topic

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court
2 months, 1 week ago

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court

Live Law  

While rejecting an appeal moved by Delhi Government's Directorate of Education, the Delhi High Court has ruled that obtaining approvals from officials of its departments and briefing the standing counsel are not “sufficient cause” for application of condonation of delay under Section 5 of the Limitation Act. “In any event, in our considered view the aforesaid plea taken by the …

Commercial Court Act Doesn't Prevent Applicability Of Order 8 Rule 9 CPC For Filing Additional Written Statement After 120 Days: Delhi HC
2 months, 3 weeks ago

Commercial Court Act Doesn't Prevent Applicability Of Order 8 Rule 9 CPC For Filing Additional Written Statement After 120 Days: Delhi HC

Live Law  

In relation to commercial disputes, the Delhi High Court has observed that the Commercial Courts Act, 2015 does not prevent the application of Order 8 Rule 9 CPC for filing additional written statement after the expiry of 120 days for filing the written statements. The Court observed that while filing additional written statement is not a matter of right, it …

Delhi High Court Annual Digest 2024: Part III [Citations 801 - 1200]
2 months, 3 weeks ago

Delhi High Court Annual Digest 2024: Part III [Citations 801 - 1200]

Live Law  

Citations 2024 LiveLaw 801 to 2024 LiveLaw 1200 The Delhi High Court single bench of Justice Sanjeev Narula held once a resolution plan is accepted, the stakeholders cannot impose penalties or claim dues from the Corporate Debtor based on past liabilities. The Delhi High Court bench of Justice Dharmesh Sharmab has held that breaches of undertakings given before a Court, …

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court
9 months, 3 weeks ago

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that a general explanation of intra-departmental analysis and discussions doesn't constitute as valid and credible explanation for condonation of delay in filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. Brief Facts: The Appellant approached the Delhi High Court and filed …

Mediation Made Simple
9 months, 4 weeks ago

Mediation Made Simple

Live Law  

Mediation stands as a cornerstone of alternative dispute resolution, offering a pathway to resolve conflicts amicably and preserve relationships. What is Mediation Mediation is an Alternate Dispute Resolution process in which a neutral third party, known as a mediator, assists parties in resolving disputes or conflicts amicably. Appointment of mediator: Appointment is done with respect to Section 810 of the …

O.8 R.1 CPC | Right Accruing In Favor Of Plaintiff Due To Non-Filing Of Written Statement Within Stipulated Time Can Be Waived: J&K High Court
10 months ago

O.8 R.1 CPC | Right Accruing In Favor Of Plaintiff Due To Non-Filing Of Written Statement Within Stipulated Time Can Be Waived: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that a plaintiff can waive the right to take advantage of a defendant's failure to file a written statement within the stipulated time. Lal's counsel argued that the trial court erred in accepting written statements from the defendants, as they were filed after the expiration of the 120-day period …

Delhi High Court Imposes ₹5 Lakh Cost On Insurance Company For Non-Appearance In Mediation Proceedings, Calls For Effective Participation
10 months, 3 weeks ago

Delhi High Court Imposes ₹5 Lakh Cost On Insurance Company For Non-Appearance In Mediation Proceedings, Calls For Effective Participation

Live Law  

The Delhi High Court has observed that effective participation of organisations which have a public character in pre-litigation mediation is essential.Justice Prathiba M Singh said that if mediation has to be taken seriously and with a result oriented approach, institutions with a public character, including government departments, ought to participate through proper appearance of officials. The Delhi High Court has …

Application Under Section 29A A&C Can Be Allowed Even After Expiry Of Arbitral Tribunal's Mandate: Delhi High Court
1 year ago

Application Under Section 29A A&C Can Be Allowed Even After Expiry Of Arbitral Tribunal's Mandate: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held that the application under Section 29A of the Arbitration and Conciliation Act, 1996 can be allowed even after the expiry of the mandate of the Arbitral Tribunal. Brief Facts: The Petitioner approached the Delhi High Court seeking extension of time for completion of the arbitration proceedings. Observations by the …

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition
1 year ago

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition

Live Law  

The Allahabad High Court single bench of Justice Shekhar B. Saraf held that Section 5 of the Limitation Act does not encompass long delays, and condonation can only be granted in exceptional cases where the appellant acted in a bona fide manner and not negligently. Furthermore, the High Court emphasized the applicability of Section 5 of the Limitation Act to …

Requirement Of Pre-litigation Mediation Under Section 12-A Of Commercial Courts Act Is Mandatory: Delhi High Court
1 year ago

Requirement Of Pre-litigation Mediation Under Section 12-A Of Commercial Courts Act Is Mandatory: Delhi High Court

Live Law  

The Delhi High Court bench comprising Justice Prateek Jalan held that the requirement of pre-litigation meditation under Section 12-A of the Commercial Courts Act, 2015 is mandatory in nature. Brief Facts: The Plaintiff approached the Delhi High Court and field an application requesting for an exemption from pre-litigation mediation, as mandated by Section 12-A of the Commercial Courts Act, 2015. …

Period Of Limitation For Filing Appeal Against Family Court Order Is 30 Days, Delay Can Be Condoned If Sufficient Cause Shown: Delhi High Court
1 year, 6 months ago

Period Of Limitation For Filing Appeal Against Family Court Order Is 30 Days, Delay Can Be Condoned If Sufficient Cause Shown: Delhi High Court

Live Law  

The Delhi High Court has ruled that the period of limitation for filing an appeal against a judgment or order of the family court is 30 days.A division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan added that the delay in filing of such an appeal can be condoned under Section 5 of the Limitation Act. The Delhi High …

Family Court Should Not Give Adjournment For Long Period While Referring Parties To Court Counsellor: Delhi High Court
1 year, 7 months ago

Family Court Should Not Give Adjournment For Long Period While Referring Parties To Court Counsellor: Delhi High Court

Live Law  

The Delhi High Court has said that the family court should not give an adjournment for long period while referring the parties to a matrimonial dispute to a Court Counsellor for exploring the possibility of a settlement.While preponing a matrimonial dispute pending before a family court which was adjourned to October 18, Justice Navin Chawla said:“Even though the order records …

Period Of Limitation For Referring The Dispute To Arbitration Commences Only After The Failure Of Pre-Arbitration Mechanism: Delhi High Court
2 years, 5 months ago

Period Of Limitation For Referring The Dispute To Arbitration Commences Only After The Failure Of Pre-Arbitration Mechanism: Delhi High Court

Live Law  

The High Court of Delhi has held that the period of limitation for referring the dispute to arbitration would only commence after the internal dispute resolution mechanism fails. The bench of Justices Vibhu Bakhru and Amit Mahajan held that if the agreement between the parties provides for a pre-arbitration dispute resolution mechanism, a party cannot be expected to invoke arbitration …

Time For Filing Written Statement Starts From Date Of Providing Suit And Documents To Defendant: Delhi High Court
2 years, 5 months ago

Time For Filing Written Statement Starts From Date Of Providing Suit And Documents To Defendant: Delhi High Court

Live Law  

The Delhi High Court has observed that the time for filing the written statement by the defendant under the Code of Civil Procedure, after issuance of summons, will commence from the date when the suit along with the documents is provided to the defendant. Justice C Hari Shankar said the service of summons in a suit has to be a …

Refusal Of The Defendant To Amicably Settle The Dispute Satisfies The Requirement Of Pre-Litigation Mediation Under Commercial Courts Act: Delhi High Court
2 years, 7 months ago

Refusal Of The Defendant To Amicably Settle The Dispute Satisfies The Requirement Of Pre-Litigation Mediation Under Commercial Courts Act: Delhi High Court

Live Law  

The High Court of Delhi has held that when the plaintiff makes an offer to the defendant to amicably settle the dispute and the defendant refuses the offer then in that circumstance, the requirement of pre-litigation meditation stands satisfied. The Bench of Justice Prathiba M. Singh while reiterating that pre-litigation mediation as provided under Section 12-A of the CCA is …

Delhi High Court Half Yearly Digest: January To June 2022 [Citations 1 - 598]
2 years, 8 months ago

Delhi High Court Half Yearly Digest: January To June 2022 [Citations 1 - 598]

Live Law  

Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day Imprisonment Case Title: RAKESH KUMAR v. VIJAYANTA ARYA AND ORS Citation: 2022 LiveLaw 1 In a significant judgment, the Delhi High Court held a police officer guilty of contempt of court for arresting a man in violation of the principles laid down by …

Section 8 Application Should Be Filed Within Time Available For Filing Written Statement: Delhi High Court
2 years, 8 months ago

Section 8 Application Should Be Filed Within Time Available For Filing Written Statement: Delhi High Court

Live Law  

The Delhi High Court has ruled that if a party fails to file an application under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the parties to arbitration within the time available for filing the first statement on the substance of the dispute, which would include a written statement in the context of a suit, the party …

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court
2 years, 10 months ago

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with a petition against the order passed by the learned Additional Civil Judge, Ferozepur via which petitioner's defense was struck off, held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise their discretion to condone the delay in filing the written statement …

Filing Written Statement In Prescribed Time Without Affidavit Of Admission/ Denial Of Documents Not 'Non-Est' Filing: Delhi High Court
2 years, 11 months ago

Filing Written Statement In Prescribed Time Without Affidavit Of Admission/ Denial Of Documents Not 'Non-Est' Filing: Delhi High Court

Live Law  

The Delhi High Court has observed that the filing of a written statement within the prescribed time but without an accompanying affidavit of admission or denial of documents, does not amount to non-est filing since it cannot be said that nothing was filed at all. It was thus submitted that the written statement was filed within the time of 120 …

Time Spent In Mediation Would Be Excluded For The Purpose Of Calculating The Period Of Limitation For Invoking Arbitration: Delhi HC
2 years, 11 months ago

Time Spent In Mediation Would Be Excluded For The Purpose Of Calculating The Period Of Limitation For Invoking Arbitration: Delhi HC

Live Law  

The High Court of Delhi has observed that when the agreement between the parties provides for mandatory mediation, the time spent in the mediation process shall be excluded from the period of limitation. The Single Bench of Justice C. Hari Shankar held that the notice invoking arbitration as well as the substantive claims of a party would not become time-barred …

Repeated Representation Doesn't Extend Limitation Nor Can Be Ground To Plead Fresh Cause Of Action To Overcome Delay & Laches: Delhi High Court
3 years, 1 month ago

Repeated Representation Doesn't Extend Limitation Nor Can Be Ground To Plead Fresh Cause Of Action To Overcome Delay & Laches: Delhi High Court

Live Law  

The Delhi High Court reiterated that it is a settled law that repeated representation does not extend limitation nor can be a ground to plead a fresh cause of action to overcome delay and laches. Patel and Justice Jyoti Singh dismissed an appeal filed with a delay of 46 years from the date the shop in question was demolished and …

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court
3 years, 2 months ago

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court

Live Law  

this Court holds that the Proviso to Order VIII Rule 1 of Code of Civil Procedure, which fixes the maximum period for filing the written statement as 120 days and which was held. In a significant decision, the Madras High Court recently held that the mandatory time limit of 120 days to file a written statement in a commercial suit …

Supreme Court Orders On Extension Of Limitation Not Applicable Where Defendant Was Not Prevented From Filing Written Statement: Delhi High Court
3 years, 3 months ago

Supreme Court Orders On Extension Of Limitation Not Applicable Where Defendant Was Not Prevented From Filing Written Statement: Delhi High Court

Live Law  

The Delhi High Court has observed that the Supreme Court's orders on extension of limitation will not be applicable in circumstances where the defendant was not prevented from filing written statement. It was on March 23 last year that the Supreme Court extended the limitation period for filing in all courts and tribunals with effect from March 15, 2020, until …

Practice Of Handwritten Clauses In Mediation Settlement Needs To Be Discontinued Unless Countersigned By Mediator, Parties: Delhi High Court
3 years, 4 months ago

Practice Of Handwritten Clauses In Mediation Settlement Needs To Be Discontinued Unless Countersigned By Mediator, Parties: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the practice of handwritten clauses in mediation settlements needs to be discontinued forthwith, unless it is countersigned or initialled by the Mediator or Counsellor as well as by the parties in their presence. They may not know the finer points of recording of the mediated settlement agreements; therefore, it becomes the duty …

SC Dismisses SLP Against Delhi HC Decision Holding 45-Day Period For Filing Replication As Mandatory In Even Non-Commercial Suits
3 years, 9 months ago

SC Dismisses SLP Against Delhi HC Decision Holding 45-Day Period For Filing Replication As Mandatory In Even Non-Commercial Suits

Live Law  

By dismissing the SLP preferred against it, the Supreme Court on Monday affirmed a Delhi High Court decision holding that the maximum 45-day period for filing of replications is mandatory for even non-commercial, ordinary civil suits and the court cannot permit the replication to be taken on the record thereafter. The bench of Justices D. Y. Chandrachud, R. Subhash Reddy …

Affidavit For Admission/Denial Of Documents in Commercial Suits Must Be Filed Within 45 Days: Delhi HC [Read Judgment]
5 years, 5 months ago

Affidavit For Admission/Denial Of Documents in Commercial Suits Must Be Filed Within 45 Days: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that the maximum period for filing reapplication or an affidavit for admission/denial of documents is 45 days and the same has to be mandatory followed. In the present application, the Petitioner had challenged the order of the Joint Registrar which had disallowed the Petitioner to file an affidavit for admission/denial of documents after the termination …

Settlement Agreement Should Not Encourage Further Litigation: Delhi HC Raps Its Mediation Cell [Read Order]
7 years, 10 months ago

Settlement Agreement Should Not Encourage Further Litigation: Delhi HC Raps Its Mediation Cell [Read Order]

Live Law  

The High Court of Delhi on Tuesday rapped it Mediation Cell for drawing up a settlement agreement that had resulted in further litigation.“The attempt of the mediator should be to bind the parties by providing such default clauses as may discourage further litigation. The High Court of Delhi on Tuesday rapped it Mediation Cell for drawing up a settlement agreement …

Settlement Agreement Should Not Encourage Further Litigation: Delhi HC Raps Its Mediation Cell [Read Order]
7 years, 10 months ago

Settlement Agreement Should Not Encourage Further Litigation: Delhi HC Raps Its Mediation Cell [Read Order]

Live Law  

The High Court of Delhi on Tuesday rapped it Mediation Cell for drawing up a settlement agreement that had resulted in further litigation.“The attempt of the mediator should be to bind the parties by providing such default clauses as may discourage further litigation. The High Court of Delhi on Tuesday rapped it Mediation Cell for drawing up a settlement agreement …

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