NCDRC Upholds The Sacrosanct Nature Of Procedural Timeline Of 45 Days For Filing Written Statement
3 weeks, 4 days ago

NCDRC Upholds The Sacrosanct Nature Of Procedural Timeline Of 45 Days For Filing Written Statement

Live Law  

The National Consumer Disputes Redressal Commission bench presided by Dr. Inder Jit Singh has underscored the importance of procedural timeline given under the Consumer Protection Act for filing of written statement. Brief background: Authorised representatives of builders Lucina Land Development ltd. and Diana infrastructure ltd. failed to file their written reply to a complaint within the 45 days timeline as prescribed under the Act. In this judgment, the Apex Court highlighted the sacrosanct nature of the procedural timeline of initial 30 days extendable up to further 15 days. Thus, it was held that once the 45 days timeline expires, not even a single day can be granted for filing of Written Reply.

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History of this topic

In Absence Of Defendant's Written Request, Trial Courts Cannot On Its Own Extend Time For Filing Written Statement After 30 Days: Madras High Court
3 months, 2 weeks ago

In Absence Of Defendant's Written Request, Trial Courts Cannot On Its Own Extend Time For Filing Written Statement After 30 Days: Madras High Court

Live Law  

The Madras High Court has observed that the trial courts should not, on its own, extend the time for filing written statements after the expiry of 30 days. The court added that condoning delay on its own would be contrary to Order 8 Rule 1 of CPC “The trial courts shall not on their own extend the time for filing …

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
7 months, 1 week 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 …

Application For Certified Copy Filed Beyond Limitation, Not Entitled To Exclude Time In Preparation Of Certified Copy : NCLAT
1 year, 1 month ago

Application For Certified Copy Filed Beyond Limitation, Not Entitled To Exclude Time In Preparation Of Certified Copy : NCLAT

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan, Shri Barun Mitra and Shri Arun Baroka, has held that when the application for obtaining certified copy of an NCLT order is submitted beyond the limitation period for filing of appeal, then the Appellant is not entitled to exclude the time consumed in preparation of certified order …

Registry Remained Open,Summer Vacation Not Excluded From Computation Of Limitation: NCLAT Delhi
1 year, 3 months ago

Registry Remained Open,Summer Vacation Not Excluded From Computation Of Limitation: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, New Delhi Bench, comprising of Justice Ashok Bhushan, Shri Barun Mitra and Shri Arun Baroka, while adjudicating an appeal filed in M K Overseas Export Pvt. Ltd. v Sapan Mohan Garg, has held that the duration of summer vacation of NCLAT cannot be excluded from computation of limitation period, since filing facility was not …

No Scope For Condonation Of Delay Beyond 15 Days, Much Less 45 Days: NCLAT Delhi
1 year, 9 months ago

No Scope For Condonation Of Delay Beyond 15 Days, Much Less 45 Days: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Rakesh Kumar Jain and Shri Naresh Salecha, while adjudicating an appeal filed in Diwakar Sharma v Anand Sonbhadra, has held that there is no scope for condonation of delay beyond the period of 15 days much less 45 days, as there is no window available for NCLAT to exercise …

Consumer Commission Can Condone Delay For Filing Written Version Upto 15 Days Only : Supreme Court
2 years, 2 months ago

Consumer Commission Can Condone Delay For Filing Written Version Upto 15 Days Only : Supreme Court

Live Law  

The Supreme Court observed that a Consumer Commission has no jurisdiction to condone the delay for filing opposite party's written version beyond the prescribed period of 15 days mentioned in the Consumer Protection Act, 2019.Before the National Consumer Disputes Redressal Commission in this case, the opposite party filed written statement beyond the period of 45 days. The Supreme Court observed …

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, 2 months 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 …

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

Does Limitation Period For Filing Appeal Applies To Period For Curing Defects?: NCLAT Refers Question To Larger Bench
2 years, 4 months ago

Does Limitation Period For Filing Appeal Applies To Period For Curing Defects?: NCLAT Refers Question To Larger Bench

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan, Justice N Satyanarayana Murthy and Mr. Barun Mitra, while adjudicating in an appeal filed in Mr. V R Ashok Rao v TDT Copper Limited, has observed that issue of delay in refilling of appeal is often coming before the NCLAT Bench for consideration. Accordingly, the NCLAT Bench …

Certified Copy Preparation Period Can Be Excluded For Limitation Under Section 61 Of The Insolvency & Bankruptcy Code, 2016.
2 years, 4 months ago

Certified Copy Preparation Period Can Be Excluded For Limitation Under Section 61 Of The Insolvency & Bankruptcy Code, 2016.

Live Law  

The National Company Law Appellate Tribunal, Principal Bench comprising of Justice Ashok Bhushan and Mr. Barun Mitra recently held that the time taken for preparation of the certified copy of the order/judgment will be excluded for computation of limitation under Section 61 of the Insolvency and Bankruptcy Code, 2016. The Appellant filed the appeal before the NCLAT on 08.07.2022 and …

Question Of Limitation Pertains To Substantial Justice: Supreme Court Condones 67 Days' Delay In Filing Revision Before NCDRC
2 years, 6 months ago

Question Of Limitation Pertains To Substantial Justice: Supreme Court Condones 67 Days' Delay In Filing Revision Before NCDRC

Live Law  

Remarking that "delay in filing the revision was not huge, that should not have been condoned under the Consumer Protection Act", the Court remitted the matter back to the NCDRC for decision on merits. In the impugned order, the NCDRC had said, "Hon'ble Supreme Court has also warned this Commission in the matters covered under the Consumer Protection Act, to …

If Excluding Time From CIRP Helps The Corporate Debtor To Revive Its Operations, Such Exclusion Must Be Allowed: NCLAT
2 years, 10 months ago

If Excluding Time From CIRP Helps The Corporate Debtor To Revive Its Operations, Such Exclusion Must Be Allowed: NCLAT

Live Law  

The NCLAT Single Bench consisting of Justice M. Venugopal, Judicial Member in the case of Vinod Tarachand Agarwal held that if exclusion of time of CIRP helps to revive the operations of the Corporate Debtor and thus achieve the objective of the Insolvency and Bankruptcy Code, such exclusion must be allowed. The Appellant filed an appeal against the order of …

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court
2 years, 11 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 …

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. …

NCLAT Has No Jurisdiction To Condone Delay Exceeding 15 Days From Period Of 30 Days, Contemplated U/s 61(2) IBC: Supreme Court
3 years, 3 months ago

NCLAT Has No Jurisdiction To Condone Delay Exceeding 15 Days From Period Of 30 Days, Contemplated U/s 61(2) IBC: Supreme Court

Live Law  

The Supreme Court observed that the National Company Law Appellate Tribunal has no jurisdiction to condone the delay exceeding 15 days from the period of 30 days, as contemplated under Section 61 of the Insolvency and Bankruptcy Code.In this case, referring to sub-section of Section 61 of the IBC which provides for powers to the Appellate Tribunal to condone the …

CB Judgment Which Held Delay Beyond 45 Days In Filing Written Statement Before NCDRC Can't Be Condoned Applies Only Prospectively: Supreme Court
3 years, 6 months ago

CB Judgment Which Held Delay Beyond 45 Days In Filing Written Statement Before NCDRC Can't Be Condoned Applies Only Prospectively: Supreme Court

Live Law  

The Supreme Court reiterated that the Constitution Bench judgment in New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Private Limited with a delay of 7 days beyond the period of 30+15 days. NCDRC rejected the application for condonation of delay in filing the written statement citing the Constitution Bench judgment. "In our view, since the application for condonation …

Consumer Fora Has No Power To Accept Written Statement Beyond Period Of 45 Days, Reiterates Supreme Court
3 years, 10 months ago

Consumer Fora Has No Power To Accept Written Statement Beyond Period Of 45 Days, Reiterates Supreme Court

Live Law  

Consumer fora has no jurisdiction and/or power to accept the written statement beyond the period of 45 days, the Supreme Court reiterated in a judgment delivered on Thursday.In this case, the National Consumer Disputes Redressal Commission, confirmed the order passed by the Karnataka State Consumer Disputes Redressal Commission rejecting an application seeking condonation of delay in filing. Consumer fora has …

[Consumer Protection Act] Mere Service Of Notice On Opposite Party Without Complaint Copy Cannot Be Commencing Point Of 30 Days Limitation To File Reply: SC [Read Judgment]
4 years, 10 months ago

[Consumer Protection Act] Mere Service Of Notice On Opposite Party Without Complaint Copy Cannot Be Commencing Point Of 30 Days Limitation To File Reply: SC [Read Judgment]

Live Law  

The Constitution Bench of the Supreme Court has held that the commencing point of limitation of 30 days under Section 13 of the Consumer Protection Act would be from the date of receipt of the notice accompanied with the complaint by the opposite party, and not mere receipt of the notice of the complaint.The Court clarified that the objection of …

[Breaking] Consumer Forum Has No Power To Extend Time Beyond 45 Days For Opposite Party's Version : SC Constitution Bench [Read Judgment]
4 years, 10 months ago

[Breaking] Consumer Forum Has No Power To Extend Time Beyond 45 Days For Opposite Party's Version : SC Constitution Bench [Read Judgment]

Live Law  

The Supreme Court on Wednesday held that the time period for filing opposite party's version in Consumer case cannot be extended beyond the period of 45 days prescribed under the Consumer Protection Act.The Court held that Consumer Protection Act 1986 did not empower the Consumer Forum to extend the time beyond the period of 45 days. The Supreme Court on …

Can Consumer Forum Extend Time Beyond 45 Days For Opposite Party's Version? SC To Pronounce Verdict Tomorrow
4 years, 10 months ago

Can Consumer Forum Extend Time Beyond 45 Days For Opposite Party's Version? SC To Pronounce Verdict Tomorrow

Live Law  

The Supreme Court will pronounce judgment tomorrow on the whether the time period for filing version in Consumer case can be extended beyond the period of 45 days prescribed under the Consumer Protection Act.The issue was heard by a 5-judge bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. The Supreme Court will pronounce judgment tomorrow on the whether …

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