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2023 Supreme(SC) 1001

J. K. MAHESHWARI, K. V. VISWANATHAN
Aditya Khaitan – Appellant
Versus
IL and FS Financial Services Limited – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sanjoy Ghose, Sr. Adv. Mr. Jeevan Ballav Panda, Adv. Mr. Satish Padhi, Adv. Mr. Gaurav Sharma, Adv. Mrs. Dhriti Mehta, Adv. Mrs. Neetika Sharma, Adv. Mr. Rohan Mandal, Adv. M/S. Khaitan & Co., AOR Mr. Rohan Batra, AOR
For the Respondent(s): Mr. Sahil Tagotra, AOR Mr. Rishad Medora, Adv. Ms. Abhivyakti Banerjee, Adv.

JUDGMENT :

K.V. VISWANATHAN, J.

1. Leave granted.

2. The present appeals challenge the judgment of the High Court at Calcutta dated 26.02.2021 passed in General Application Nos. 3, 4, 5, 6, 7, 8, 9 and 10 of 2021 in Civil Suit No. 177 of 2019. By the said judgment, the High Court had dismissed the said applications and consequently denied the applicants/defendants prayer to take on record their written statements. According to the High Court, the applications cannot be allowed as the period of 30 days to file the written statements had expired on 08.03.2020. The High Court has held that the order dated 23.03.2020 passed by this Court in Suo Motu Writ Petition (C) No. 3 of 2020 [In Re: Cognizance for Extension of Limitation] which is to be effective from 15.03.2020 would not enure to the benefit of the applicants/defendants since the limitation period for filing the written statements had expired on 08.03.2020. The High Court has further held that, as held in Sagufa Ahmed and Others vs. Upper Assam Plywood Products Private Limited and Others, (2021) 2 SCC 317, since the orders of this Court under Article 142 of the Constitution of India extended only “the period of limitation” and not


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