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2016 Supreme(Cal) 1085

I.P.MUKERJI
TRF Limited – Appellant
Versus
Damodar Valley Corporation – Respondent


Advocates Appeared:
For the Appellant : Nirmalya Dasgupta and Sachin Shukla.
For the Respondents: Jaydip Kar and Subir Pal.

JUDGMENT :

I.P. Mukerji, J.

1. Mr. Dasgupta opposes this application made by the first defendant No. 1 for a week's extension to file their written statement. Time to file their written statement expired on 5th August 2016. The Master's Summons was signed by the Master on 12th August, 2016. The petition in support of it was verified on 10th August, 2016.

2. I was referred by Mr. Dasgupta to a three Judges' Bench decision of the Supreme Court in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. reported in AIR 2016 SC 86. After consideration of a number of judgments pronounced by the Court, it was pleased to observe and hold as follows in paragraphs 4, 5, 6, 16 and 18 of the judgment :-

"4. The question arose in the case of Dr. J.J. Merchant (AIR 2002 SC 2931 : 2002 AIR SCW 3424) (supra) whether the Forum can grant time beyond 45 days to the opposite party for filing its version. After considering the aforestated section in the light of the object with which the Act has been enacted, the three-Judge Bench of this Court came to the conclusion that in no case period beyond 45 days can be granted to the opposite party for filing its version of the case.

5. Without di





























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