Suo Motu Limitation Extension Orders Applicable To Filing Of Written Statements In Commercial Suits : Supreme Court
2 years, 10 months ago

Suo Motu Limitation Extension Orders Applicable To Filing Of Written Statements In Commercial Suits : Supreme Court

Live Law  

The Supreme Court observed that its suo motu limitation extension orders applies in relation to the period prescribed for filing the written statement in commercial suits. The court, referring to the relevant provisions contained in Order V Rule 1, Order VIII Rule 1 and Order VIII Rule 10 CPC regarding time limit for filing written statement and consequences of default, the court noted: Tersely put, as per the mandate of the said provisions: the defendant is under an obligation to file the written statement of his defence within 30 days of service of summons; if he fails to file the written statement within the said period of 30 days, he may be allowed to file the written statement on such other day as the Court may specify for reasons to be recorded in writing and on payment of such costs as the Court may impose but this other day, in any case, cannot go beyond 120 days from the date of service of summons; on expiry of 120th day from the date of service of summons, the defendant forfeits the right to file the written statement and no Court can make an order to 32 extend such time beyond 120 days from the date of service of summons. 3 of 2020 applies in relation to the period prescribed for filing the written statement- Unrealistic and illogical to assume that while the Court has provided for exclusion of period for institution of the suit and therefore, a suit otherwise filed beyond limitation could still be filed within 90 days from 03.10.2021 but the period for filing written statement, if expired during that period, has to operate against the defendant - the period envisaged finally in the order dated 23.09.2021 is required to be excluded in computing the period of limitation even for filing the written statement and even in cases where the delay is otherwise not condonable - The orders in SMWP No. Commercial Courts Act, 2015 - Section 16 - Code of Civil Procedure, 1908 - Order V Rule 1, Order VIII Rule 1 and Order VIII Rule 10 CPC- In the ordinary circumstances,On expiry of 120th day from the date of service of summons, the defendant forfeits the right to file the written statement and no Court can make an order to extend such time beyond 120 days from the date of service of summons.

Supreme Court Court Civil Procedure Orders Order Statement Period Cpc Para Filing Rule This Court Written Extension Written Statement Section 10 Extraordinary Circumstances 120 Days Commercial Courts Act Extraordinary Measures Suits Supreme Order Viii Rule 1 Commercial Suits Order V Rule 1 Order Viii Rule 10 Motu Limitation 120Th Day Suo Motu Limitation Limitation Extension Smwp No  statement  written  filing  court  rule  extension  suit  period  suo  orders  statements  motu  limitation  order  suits  supreme

History of this topic

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions
2 weeks, 1 day ago

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions

Live Law  

The Supreme Court today sought the response of 6 State Governments and their High Courts on the issue of adverse effects of stay orders in criminal trials and the delay in granting sanctions for criminal prosecution. A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar was hearing the Suo motu case regarding the adverse effect …

What is the suo motu case against T.N. Minister I. Periyasamy all about? | Explained
9 months, 3 weeks ago

What is the suo motu case against T.N. Minister I. Periyasamy all about? | Explained

The Hindu  

In 2023, Justice N. Anand Venkatesh of the Madras High Court took up as many as six suo motu criminal revision petitions against the acquittal/discharge of different politicians from various criminal cases. The special court for PCA cases took cognisance of the case on June 24, 2013 and ordered summons to be issued to the accused persons for the hearing …

Time Limit For Filing Written Statement Not Mandatory If Suit Was Instituted Before Civil Court & Transferred To Commercial Court After Expiry Of 120 Days: Supreme Court
2 years, 1 month ago

Time Limit For Filing Written Statement Not Mandatory If Suit Was Instituted Before Civil Court & Transferred To Commercial Court After Expiry Of 120 Days: Supreme Court

Live Law  

The Supreme Court observed that the time period for filing written statement is not mandatory if the suit was instituted in a civil court and transferred to a Commercial Court after the expiry of 120 days.The plaintiffs filed a suit for recovery of damages on the file of the Civil Court Senior Division Jalgaon in December, 2017. The High Court …

Court Can Suo Motu Reject A Plaint Under Order VII Rule 11 CPC : Supreme Court
2 years, 4 months ago

Court Can Suo Motu Reject A Plaint Under Order VII Rule 11 CPC : Supreme Court

Live Law  

The Supreme Court observed that a Court has power to reject a plaint suo motu invoking its powers under Order VII Rule 11 of the Code of Civil Procedure, 1908.The Court has to hear the plaintiff before it invokes this power, the bench of Justices KM Joseph and Hrishikesh Roy added, noticing that Order VII Rule 11 does not provide …

Limitation For Filing An Appeal Under IBC
2 years, 4 months ago

Limitation For Filing An Appeal Under IBC

Live Law  

The Supreme Court on 23rd March, 2020 while taking suo motu cognizance of the COVID-19 pandemic extended the period of limitation under the Limitation Act, 1963 for filing of petitions/applications/suits/ appeals/all other proceedings until further notice. One such issue regarding limitation has been addressed by the Supreme Court in V Nagarajan v. SKS Ispat and Power Limited and Others wherein …

PMLA | 180 Days Period Of Provisional Attachment Not Extended By SC Orders Extending Limitation During Covid-19: Calcutta High Court
2 years, 5 months ago

PMLA | 180 Days Period Of Provisional Attachment Not Extended By SC Orders Extending Limitation During Covid-19: Calcutta High Court

Live Law  

The Calcutta High Court has held that the Supreme Court's suo moto orders extending the period of limitation during the Covid-19 pandemic do not apply and will not extend the 180 days period prescribed for provisional attachment of property under Section 5 of the Prevention of Money-Laundering Act, 2002.A single judge bench of Justice Moushumi Bhattacharya was hearing the plea …

Supreme Court's Suo Motu Limitation Extension Ended On February 28; Limitation Period Starts Running From Today (March 1)
2 years, 9 months ago

Supreme Court's Suo Motu Limitation Extension Ended On February 28; Limitation Period Starts Running From Today (March 1)

Live Law  

The latest order of suo motu limitation extension passed by the Supremes Court in view of the Omicron surge has ended with effect from February 28. The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes …

Since SC Extended Limitation, No Need To File Application For Condonation Of Delay; NCLAT Delhi
2 years, 11 months ago

Since SC Extended Limitation, No Need To File Application For Condonation Of Delay; NCLAT Delhi

Live Law  

The Principal Bench of the NCLAT comprising of Justice Ashok Bhushan, Justice Jarat Kumar Jain and Dr. Alok Srivastava, in M/s. The Bench Considered Two Issues: Whether judgment and order of the Hon'ble Supreme Court passed in Suo Motu Writ Petition No. 3 of 2020 held that- "When the Hon'ble Supreme Court has granted extension of period of limitation, it …

Supreme Court Agrees To Revive Limitation Extension Orders In View Of Rising COVID Cases
2 years, 11 months ago

Supreme Court Agrees To Revive Limitation Extension Orders In View Of Rising COVID Cases

Live Law  

The Supreme Court on Monday agreed to revive the suo motu orders extending the limitation period for filing cases in Courts and Tribunals in view of the rising cases of COVID in the country.A bench comprising the Chief Justice of India NV Ramana, Justice L Nageswara Rao and Justice Surya Kant said that the Court is accepting the request made …

SCAORA Moves Supreme Court Seeking Revival Of Orders Extending Statutory Limitation Period
2 years, 11 months ago

SCAORA Moves Supreme Court Seeking Revival Of Orders Extending Statutory Limitation Period

Live Law  

Looking at the prevailing situation amid rising number of Covid-19 cases in the country, the Supreme Court Advocates on Record Association has moved an application before the Supreme Court seeking extension of the statutory Limitation Period in respect of judicial and quasi-judicial proceedings. "There has been a sudden and drastic change in the situation with regard to the pandemic, as …

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

Order VIII Rule 1 CPC - Period For Filing Of Written Statement Is Directory In Civil Suits; But Mandatory In Commercial Suits: Supreme Court
3 years, 2 months ago

Order VIII Rule 1 CPC - Period For Filing Of Written Statement Is Directory In Civil Suits; But Mandatory In Commercial Suits: Supreme Court

Live Law  

The Supreme Court has observed that the period of 90 days for filing of written statement under Order VIII Rule 1 of Code of Civil Procedure in civil suits is directory.The bench of Justices Hemant Gupta and V. Ramasubramanian held the provisions of Order VIII Rule 1 CPC are mandatory in the Commercial Courts under the Commercial Courts Act, 2015. …

Supreme Court To Recall Suo Motu Extension Of Limitation Period With Effect From October 1
3 years, 3 months ago

Supreme Court To Recall Suo Motu Extension Of Limitation Period With Effect From October 1

Live Law  

Update at 3 PM on September 25 : Supreme Court uploads the order recalling suo motu limitation extension w.e.f October 2, 2021. Detailed report may be read here.Supreme Court Recalls Suo Motu Extension Of Limitation With Effect From October 2; Period From 15.03.2020 To 02.10.2021 Stands Excluded From Computing Limitation The Supreme Court on Thursday said that it will recall …

Orissa High Court Extends Life Of Interim Orders Until July 16
3 years, 5 months ago

Orissa High Court Extends Life Of Interim Orders Until July 16

Live Law  

The Orissa High Court on Tuesday extended the interim order passed by the Court on April 29, 2021, till 16th July, 2021.The Orissa High Court on April 29 had said that in view of the orders passed by the Supreme Court in In Re: Cognizance for Extension of Limitation on April 27, the limitation period of filing prescribed under the …

Kerala High Court Further Extends Interim Orders Till 13th July Amidst Ongoing Covid Restrictions
3 years, 5 months ago

Kerala High Court Further Extends Interim Orders Till 13th July Amidst Ongoing Covid Restrictions

Live Law  

The Kerala High Court on Monday extended interim orders of stay passed by the Court in custody matters which were due to expire during the ongoing Covid restrictions further till 13th July 2021. Considering the prolongation of lockdown and similar restrictions, the Court held that it was inclined to extend the interim orders up to 13th July 2021. This comes …

Kerala High Court Further Extends Validity of All Interim Orders Till June 29th Amidst Continuing Lockdown Restrictions
3 years, 6 months ago

Kerala High Court Further Extends Validity of All Interim Orders Till June 29th Amidst Continuing Lockdown Restrictions

Live Law  

The Kerala High Court on Monday while hearing a suo motu matter, extended the validity of interim orders passed by this Court till June 29 2021, owing to continuation of lockdown in the State till 16th June 2021, citing inability to carry out normal court proceedings. The first petition was registered in 2020 praying for extension of interim orders and …

BREAKING : Delhi High Court Automatically Extends Interim Orders Passed By It & Subordinate Courts Till July 16
3 years, 8 months ago

BREAKING : Delhi High Court Automatically Extends Interim Orders Passed By It & Subordinate Courts Till July 16

Live Law  

Taking note of the limited functioning of Courts on account of the COVID19 surge, the Delhi High Court has suo moto extended the interim orders passed by it and the courts subordinate to it, which were subsisting as on April 19 or expiring after that, till July 16. "Taking suo moto cognizance of the aforesaid extraordinary circumstances, under Article 226 …

Supreme Court Proposes To Lift Suo Moto Extension Of Limitation Given In View Of COVID; Might Give 90 Days Grace Period
3 years, 9 months ago

Supreme Court Proposes To Lift Suo Moto Extension Of Limitation Given In View Of COVID; Might Give 90 Days Grace Period

Live Law  

The Supreme Court on Wednesday indicated that it was proposing to lift the suo moto extension of the limitation period for filing of cases granted by it last year on account of COVID-19 pandemic and the national lockdown.A bench headed by the Chief Justice of India told the Attorney General for India today that it was proposing to lift the …

'Courts Are Physically Working": Allahabad High Court Closes Suo Moto PIL For Extension Of Limitation & Interim Orders During Lockdown
3 years, 11 months ago

'Courts Are Physically Working": Allahabad High Court Closes Suo Moto PIL For Extension Of Limitation & Interim Orders During Lockdown

Live Law  

The Allahabad High Court on Tuesday closed the suo moto PIL registered by it for extension of limitation and interim orders expiring during the lockdown period. Looking to the physical working of the Courts in the State of Uttar Pradesh, a Division bench comprising of Justices Munishwar Nath Bhandari and Rohit Ranjan Agarwal observed that there is no need to …

[Criminal Cases Against MPs/MLAs] Madhya Pradesh HC Registers Suo Moto Petition; Issues Notices [Read Order]
4 years, 2 months ago

[Criminal Cases Against MPs/MLAs] Madhya Pradesh HC Registers Suo Moto Petition; Issues Notices [Read Order]

Live Law  

In compliance of the order of the Supreme Court dated 16.09.2020 passed in W.P. No.600/2016, the Madhya Pradesh High Court registered a suo motu petition on 21.09.2020 for monitoring the progress of the trials of the pending criminal cases against sitting/former Legislators. It may be noted that the Supreme Court on Wednesday asked the Chief Justices of the High Courts …

[Breaking] SC Applies Order Extending Limitation To Sec 29A & 23(4) Arbitration Act, Section 12A Commercial Courts Act
4 years, 5 months ago

[Breaking] SC Applies Order Extending Limitation To Sec 29A & 23(4) Arbitration Act, Section 12A Commercial Courts Act

Live Law  

The Supreme Court has applied its suo moto order extending limitation for filing of cases to Section 29A and 23 of the Arbitration and Conciliation Act, 1996 and Section 12A of the Commercial Courts Act, 2015.The order passed by a bench headed by Chief Justice of India on July 10 stated :"Section 29A of the Arbitration and Conciliation Act, 1996 …

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