Supreme Court · 2023 INSC 867 · Decided 3 October 2023

Aditya Khaitan & ORS. v. Il and FS Financial Services Limited

Court
Supreme Court of India
Citation
2023 INSC 867 · [2023] 12 S.C.R. 803
Case number
CIVIL APPEAL No. 6411/2023
Decided
3 October 2023
Bench
J.K. MAHESHWARI, K.V. VISWANATHAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Constitution Article 142; Arbitration Act; NI Act Section 138

Headnote

HEADNOTES Issue for consideration: Whether the High Court was justifi ed in rejecting the application for extension of time dated 20.01.2021 and in not taking the written statements on record. Code of Civil Procedure, 1908 - Commercial Courts Act, 2015 - Order 8 Rule 1 - Being a for fi ling written statements expired on 08.03.2020 - On 06.06.2020, the further condonable period of 90 days also expired - No written statements were fi led within the said timelines - Appellants fi led applications on 20.01.2021 for acceptance of written statements by

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