SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(SC) 1297

SUPREME COURT OF INDIA
M.R. Shah, B.V. Nagarathna, JJ.
Centaur Pharmaceuticals Private Limited & Anr. – Appellants
Versus
Stanford Laboratories Private Limited – Respondent
Petition(s) for Special Leave to Appeal (C) No(s). 17298 of 2021 (Arising Out of impugned final judgment and order dated 20-04-2021 in AN No. 2056 of 2020 passed by the High Court of Judicature at Madras)
Decided On : 04-01-2022

Advocates appeared:
Mr. Vineet Subramani, Advocate, Ms. Liz Mathew, Advocate, Mr. Navneet R. Advocate, Ms. Sonali Jain, Advocate, Ms. Vasudha Jain, Advocate, For the Appellant / Mr. Maninder Singh, Sr. Advocate, Mr. Prabhas Bajaj, Advocate, Mr. Gaurav Sharma, Advocate, Ms. Bitika Sharma, Advocate, Mr. Luv Virmani, Advocate, Ms. Aadya Chawla, Advocate, Mr. Pranav Saigal, Advocate, Mr. Adarsh Ramanujan, Advocate, Mr. Gaurav Sharma, Advocate, Ms. Bitika Sharma, Advocate, Mr. Luv Virmani, Advocate, Ms. Aadya Chawla, Advocate, For the Respondent.

The court's decision emphasized the flexibility provided by the Limitation Act, Section 5, in extending or condoning the period of limitation for filing written statements.

Headnote:

Extension of Limitation Period - Written Statement - [High Court] - [Limitation Act, Section 5] - The court found that the High Court did not commit any error in extending the period of limitation for filing the written statement. The court also held that the period of limitation could be extended and/or condoned by the Tribunal/Court, even up to a specific date. Therefore, the court dismissed the Special Leave Petitions and vacated the interim order.

Fact of the Case:

The court found that the High Court did not commit any error in extending the period of limitation for filing the written statement and consequently taking on record the written statement filed on behalf of the respondent-original defendant.

Finding of the Court:

The court held that the High Court did not commit any error in extending the period of limitation for filing the written statement and consequently taking on record the written statement filed on behalf of the respondent-original defendant.

Issues: The issue was whether the High Court committed an error in extending the period of limitation for filing the written statement.

Ratio Decidendi: The court found that the High Court did not commit any error in extending the period of limitation for filing the written statement and that the period of limitation could be extended and/or condoned by the Tribunal/Court, even up to a specific date.

Final Decision: The Special Leave Petitions were dismissed, and the interim order passed by the Court was vacated. Pending applications were disposed of.

ORDER

1. Having heard the learned counsel for the respective parties, we are of the opinion that, in the facts and circumstances of the case, the High Court has not committed any error in extending the period of limitation in filing the written statement and consequently taking on record the written statement filed on behalf of the respondent-original defendant.

2. Even as held by this Court in the subsequent orders even the period of limitation which could have been extended and/or condoned by the Tribunal/Court is excluded and/or extended even up to 07.10.2021.

3. In that view of the matter, we see no reason to interfere with the impugned judgment and order passed by the High Court. Hence, the Special Leave Petitions stand dismissed. Consequent upon the dismissal of the Special Leave Petitions, the interim order passed by this Court stands vacated.

4. Pending applications stand disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top