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1 - 9 of 9 (0.26 seconds)Article 227 in Constitution of India [Constitution]
Bithika Mazumdar & Anr vs Sagar Pal & Ors on 18 March, 2015
Reference in this regard may
also be made to the observations of the Supreme Court in Bithika
Mazumdar and Another Vs. Sagar Pal and Others (2017) 2 SCC 748.
THE COMMERCIAL COURTS ACT, 2015
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Sagufa Ahmed & Ors vs Upper Assam Plywood Products Pvt Ltd & ... on 4 August, 2020
Once the benefit was granted by the
Commercial Court, in view of the decision in Sagufa Ahmed (supra), the
orders passed in In Re: Cognizance for Extension of Limitation (supra)
cannot be interpreted so as to extend the period upto which delay can be
condoned. This Court cannot permit or encourage the practice of litigants
not adhering to timelines fixed by the Court/statute, more particularly in the
context of commercial suits.
Section 29A in The Arbitration And Conciliation Act, 1996 [Entire Act]
M/S Scg Contracts India Pvt. Ltd. vs Ks Chamankar Infrastructure Pvt. Ltd. on 12 February, 2019
10. The Supreme Court in SCG Contracts India Pvt. Ltd. Vs. K.S.
Chamankar Infrastructure Pvt. Ltd. and Ors. (2019) 12 SCC 210, while
dealing with a commercial suit, has interpreted Order VIII Rule 1 of the
CPC and stated that beyond 120 days from the date of service of summons,
the defendant shall forfeit the right to file the written statement and the
CM(M) 848/2021 Page 6 of 10
Signature Not Verified
Signed By:SAKSHI
RAMOLA
Signing Date:10.30.2021
15:19:30
Court shall not allow the written statement to be taken on record.
Furthermore, the Supreme Court stated that the proviso in Order VIII Rule 1
of the CPC further buttresses the aforesaid by also adding that the Court has
no further power to extend the time beyond the period of 120 days.
Ajay Kumar vs Manoj Kumar & Anr. on 13 September, 2021
18. I have held in the decision in Goan Sabha Ibrahipmpur and Ors. Vs.
Kuldeep Singh and Ors. MANU/DE/1967/2021 and in the decision dated
13th September, 2021 in CM(M) 607/2021 titled Ajay Kumar Vs. Manoj
Kumar & Anr. that there is no prescribed period of limitation in respect of
petitions filed under Article 227 of the Constitution of India, however, it is
settled position of law that the Courts will not entertain such petitions if the
CM(M) 848/2021 Page 9 of 10
Signature Not Verified
Signed By:SAKSHI
RAMOLA
Signing Date:10.30.2021
15:19:30
same are filed after inordinate delay and no satisfactory explanation has
been given with regard to the delay and laches.
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