ADITYA KHAITAN & ORS. versus IL AND FS FINANCIAL SERVICES LIMITED

ADITYA KHAITAN & ORS. versus IL AND FS FINANCIAL SERVICES LIMITED

The Court held that by virtue of the order dated 08.03.2021 (and subsequent orders) in In Re: Cognizance for Extension of Limitation the period from 15.03.2020 to 14.03.2021 must be excluded for computing limitation and the outer limits within which courts can condone delay; applying that exclusion to the present facts, the applications filed on 20.01.2021 were within time and the High Court erred in rejecting them, so the written statements filed on 20.01.2021 must be taken on record.

Parties
Appellants / Defendants: ADITYA KHAITAN & ORS.; Respondent / Plaintiff: IL AND FS FINANCIAL SERVICES LIMITED
Jurisdiction
India
Judgment Date
03 October 2023
Procedural Posture
Civil Appeal (civil Appeal Nos. 6411 6418 of 2023) / Appeal From Judgment and Order Dated 26.02.2021 of the High Court at Calcutta in Civil Suit No.177 of 2019 (general Application Nos.3 10 of 2021)
Outcome
Appeals allowed; High Court judgment set aside to the extent indicated
Legal Topics
Extension of Limitation, Written Statement Filing Timelines, Order 8 Rule 1 CPC as Amended for Commercial Disputes, Condonation of Delay, Suo Motu Extension of Limitation
Civil Procedure Commercial Courts Act Limitation Arbitration and Conciliation Act Negotiable Instruments Act Constitutional Law Extension of Limitation Written Statement Filing Timelines +3 more

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Parties

ADITYA KHAITAN & ORS.

Appellants / Defendants

IL AND FS FINANCIAL SERVICES LIMITED

Respondent / Plaintiff

Procedural Posture

Civil Appeal (civil Appeal Nos. 6411 6418 of 2023) / Appeal From Judgment and Order Dated 26.02.2021 of the High Court at Calcutta in Civil Suit No.177 of 2019 (general Application Nos.3 10 of 2021)

Legal Issues

  1. 1 Whether the High Court was justified in rejecting the application for extension of time dated 20.01.2021 and in not taking the written statements on record.

Ratio Decidendi

The Court held that by virtue of the order dated 08.03.2021 (and subsequent orders) in In Re: Cognizance for Extension of Limitation the period from 15.03.2020 to 14.03.2021 must be excluded for computing limitation and the outer limits within which courts can condone delay; applying that exclusion to the present facts, the applications filed on 20.01.2021 were within time and the High Court erred in rejecting them, so the written statements filed on 20.01.2021 must be taken on record.

Court Disposition

Appeals allowed; High Court judgment set aside to the extent indicated

Orders

  • High Court judgment dated 26.02.2021 in General Application Nos.3-10 of 2021 set aside
  • The written statements filed on 20.01.2021 are directed to be taken on record