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

SCR Citation: [2023] 12 S.C.R. 803
Year/Volume: 2023/ Volume 12
Date of Judgment: 03 October 2023
Petitioner: Aditya Khaitan & Ors.
Disposal Nature: Appeals Allowed
Neutral Citation: 2023 INSC 867
Judgment Delivered by: Hon'ble Mr. Justice K.V. Viswanathan
Respondent: Il And Fs Financial Services Limited
Case Type: CIVIL APPEAL /6411-6418/2023
Order/Judgment: Judgment
1. Headnote

Issue for consideration: Whether the High Court was justifi ed in rejecting the application for extension of time dated 20.01.2021 and in not taking the written statements on record. Code of Civil Procedure, 1908 – Commercial Courts Act, 2015 – Order 8 Rule 1 – Being a Commercial Suit, the 30-day period for fi ling written statements expired on 08.03.2020 – On 06.06.2020, the further condonable period of 90 days also expired – No written statements were fi led within the said timelines – Appellants fi led applications on 20.01.2021 for acceptance of written statements by extending time – Applications rejected by the High Court – Propriety: Held: In Re: Cognizance for Extension of Limitation in Suo Motu W.P. (C) No. 3 of 2020, the Supreme Court by order dated 08.03.2021 directed that the period from 15.03.2020 till 14.03.2021 will stand excluded in computing: a) the period prescribed u/ss. 23(4) and 29-A of the Arbitration and Conciliation Act, 1996; b) S.12-A of the Commercial Courts Act, 2015; c) provisos (b) and (c) of s.138 of the Negotiable Instruments Act, 1881; and (d) any other laws which prescribe period of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings – By virtue of s.16 of the Commercial Courts Act, 2015 brought into force on 23.10.2015 some provisions of the Code of Civil Procedure, 1908 in its application to the commercial disputes were amended – The schedule to the Commercial Courts Act amended Order 5 Rule 1(1), Order 8 Rule 1 and Order 8 Rule 10 insofar as their applicability to commercial disputes was concerned – The outer limit u/Or. 8, r.1 within which the court or tribunal can condone the delay is 120 days from the date of summons – In the instant case, while summons was served on 07.02.2020, the 30 days period expired on 08.03.2020 and the outer limit of 120 days expired on 06.06.2020 – The application for taking on record the written statements and the extension of time was fi led on 20.01.2021 – Applying the orders of 08.03.2021 and the orders made thereafter and excluding the time stipulated therein, the applications fi led by the applicants on 20.01.2021 are well within time – Thus, judgment passed by the High Court set aside and the written statements fi led on 20.01.2021 are directed to be taken on record. [Paras 15, 16, 19, 20, 21 and 22] Maxims – Vigilantibus non dormientibus jura subveniunt – Meaning of: Held: The law assists those who are vigilant, not those who sleep over their rights is a fundamental legal maxim on which statutes of limitations are premised. [Para 9]

2. Case referred
3. Act
  • Arbitration and Conciliation Act, 1996 (26 of 1996)
  • Commercial Courts Act, 2015 (4 of 2016)
4. Keyword
  • Code of Civil Procedure
  • 1908