Case Law Details
Prakash Corporates Vs Dee Vee Projects Limited (Supreme Court of India)
Leave granted.
2. By way of this appeal, the appellant has challenged the order dated 09.07.2021, as passed by the High Court of Chhattisgarh at Bilaspur in WP No. 312 of 2021, whereby the High Court has upheld the order dated 22.06.2021, as passed by the Commercial Court (District Level), Nava Raipur, Chhattisgarh in Civil Suit No. 01-B of 2021, in declining the prayer of the defendant-appellant for granting further time to file its written statement. The prayer of the defendant-appellant came to be declined on the ground that in view of the proviso to Order VIII Rule 1 of the Code of Civil Procedure, 19081, as substituted by the Commercial Courts Act, 20152, such a right of the defendant to file the written statement stood forfeited with expiry of 120 days from the date of service of summons.
2.1. The defendant-appellant has questioned the orders so passed by the Trial Court and by the High Court on various grounds, including those with reference to the orders passed by this Court in Suo Motu Writ Petition (Civil) No. 3 of 20203, for extension of the period of limitation prescribed under the general law of limitation or under any special law, in view of the challenges faced by the country and difficulties of the litigants due to COVID-19 pandemic.
Relevant background aspects and proceedings in the suit
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