New Delhi, Feb 14 (PTI)The Supreme Court Monday said that its order extending the limitation period for filing cases before judicial and quasi-judicial fora also applies to the period prescribed for filing the written statement in commercial suits.
The apex court on January 10, 2022, restored its earlier order to extend the limitation period till February 28 for filing cases before judicial and quasi-judicial fora in view of the alarming surge in COVID-19 cases across the country.
A bench of Justices Dinesh Maheshwari and Vikram Nath reiterated that the orders passed in suo motu extension of limitation were of extraordinary measures in extraordinary circumstances and their operation cannot be curtailed concerning the ordinary operation of law.
“Having regard to the purpose for which this Court had exercised the plenary powers under Article 142 of the Constitution of India and issued necessary orders from time to time in SMWP No. 3 of 2020, we are clearly of the view that 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 bench said.
It said that the orders passed by the top court were special and extraordinary measures for advancing the cause of justice in the wake of challenges thrown by the pandemic, and their applicability cannot be denied concerning the period prescribed for filing the written statement.
“It would be unrealistic and illogical to assume that while this Court has provided for exclusion of period for the institution of the suit and therefore, a suit otherwise filed beyond limitation (if the limitation had expired between March 15, 2020, to October 2, 2021) could still be filed within 90 days from October 3, 2021, but the period for filing written statement, if expired during that period, has to operate against the defendant,” the bench said.
The top court was hearing an appeal filed by Prakash Corporates challenging the order passed by the Chhattisgarh High Court by which it upheld the direction passed by the Commercial Court (District Level), Nava Raipur, in declining the prayer of the defendant-appellant for granting further time to file its written statement. The top court had said in September last year that the relaxation granted on the limitation period for filing court cases in the wake of the pandemic would come to an end on October 2, 2021. PTI PKS RKS RKS
