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Itc Ltd vs Britannia Industries Limited on 23 February, 2024 cites

M/S Scg Contracts India Pvt. Ltd. vs Ks Chamankar Infrastructure Pvt. Ltd. on 12 February, 2019

7.Relying upon the aforesaid decisions, the learned counsel for the respondent/plaintiff would submit that since the suit papers were served by the plaintiff's counsel on the defendant's counsel on 21.06.2023 itself, the period of limitation for the purpose of calculating the limitation period for filing the written statement will commence from 21.06.2023 and not from 04.07.2023 when the actual suit summons as per the form prescribed under the Original Side Rules was served on the defendant. Since the 120 days period for filing the written statement is not extendable as laid down by the Hon'ble Supreme Court in SCG Contracts case, referred to supra and the said 120 days period having come to an end, the present application is not maintainable as admittedly the written statement was filed by the defendant only on 30.10.2023 beyond the 120 days period.
Supreme Court of India Cites 20 - Cited by 271 - R F Nariman - Full Document

Siraj Ahmad Siddiqui vs Shri Prem Nath Kapoor on 13 September, 1993

In the instant case, in the communication dated 21.06.2023, the learned counsel for the respondent/plaintiff has not satisfied the requirements of a typical suit summons, which will include the nature of https://www.mhc.tn.gov.in/judis 20/24 Application No.6037 of 2023 in C.S.(Comm.Div.)No.153 of 2023 the claim and the date of hearing of the suit. Having not satisfied the requirements of a typical suit summons, the question of deemed waiver of the right to receive the summons as in the case of Siraj Ahmad Siddiqui vs Prem Nath Kapoor, referred to supra, will not arise.
Supreme Court of India Cites 6 - Cited by 49 - S P Bharucha - Full Document

Flight Center Travels Pvt. Ltd. vs Flight Centre Limited & Anr. on 24 January, 2013

However, as stated earlier, while analysing Flight Center Travels Pvt. Ltd. vs. Flight Centre Limited, referred to supra, the applicant/ defendant having no knowledge about the service of suit summons as per the prescribed form on the defendant, the question of deemed waiver of the right to receive the suit summons as per the Madras High Court Original Side Rules does not arise.
Delhi High Court Cites 26 - Cited by 7 - S K Kaul - Full Document

Sunil Poddar & Ors vs Union Bank Of India on 8 January, 2008

c)In Sunil Poddar and others vs. Union Bank of India reported in (2008) 2 SCC 326, the Hon'ble Supreme Court has once again held https://www.mhc.tn.gov.in/judis 21/24 Application No.6037 of 2023 in C.S.(Comm.Div.)No.153 of 2023 that if a defendant having advanced knowledge of the summons enters appearance through counsel and accepts notice in Court, it would amount to deemed service of suit summons.
Supreme Court of India Cites 9 - Cited by 147 - C K Thakker - Full Document
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