TaxTMI 
TaxTMI 
2021 (12) TMI 1476
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....ht time to fle the written statement and they were granted time to do so on or before 11/02/2020. The time to fle the written statement was ettended, on an application fled by the defendants, till 11/03/2020. Since some documents were not available to the defendants, more time was sought for fling the written statement and the application was allowed, thereby the time to fle the written statement was ettended upto 24/03/2020. 4. The contention of the defendants is, in the month of March, on the outbreak of the Covid pandemic, the Courts restricted its timing and specifcally the Courts in Pune functioned for limited hours and from 25/03/2020, the lockdown was declared in the entire country and all the Courts practically shut and continued to function only for ettremely urgent matters. In the wake of this, it was not possible for the defendants to fle the written statement and though the period of 120 days etpired on 09/05/2020, the written statement could not be brought on record. On 02/07/2020, an application vide Eth.97 came to be fled, seeking permission to bring the written statement on record, which was opposed by the plaintiff on the ground of delay. The learned District Ju....
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....hin the meaning of Article 141 on all courts/tribunals and authorities. 4. This order may be brought to the notice of all High Courts for being communicated to all subordinate courts/tribunals within their respective jurisdiction. 5. Issue notice to all the Registrars General of the High Courts, returnable in four weeks." 6. By placing reliance on the aforesaid by which period of limitation in the proceedings came to be ettended to deal with an extra ordinary situation, Mr.Kanetkar submits that the period for fling of written statement can be ettended upto 120 days from the date of service of summons and, thereafter, on failure to fle the written statement, the right of defendants stand forfeited. The submission advanced is, the statutory period of 30 days for fling the written statement, is permitted to be ettended at the discretion of the Court, on suffcient cause being shown, and the written statement can be permitted to be fled within a period of 120 days. The learned counsel would submit that on etpiry of the period of 30 days for fling of the written statement, the learned Judge at his discretion, has ettended it from time to time and by the order passed ....
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....en Goenka Credit Private Limited GA No. 2 of 20 decided on 24/12/2020 as well as the Delhi High Court in Union of India Vs. Rama Contractor 2021 SCC OnLine Del 4350 have construed the directions issued by the Hon'ble Supreme Court In re and the delay was refused to be condoned, since the discretionary period, etpired within the period of lockdown. 9. Order VIII of the CPC is a provision which provide for the fling of the written statement and in its amended version, it reads thus :- "ORDER VIII Written Statement, Set-Off and Counter-Claim 1. Written statement. - The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence : Provided that where the defendant fails to fle the written statement within the said period of thirty days, he shall be allowed to fle the same on such other days, as maybe specifed by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days form the date of service of summons." In its application to the commercial suit, the proviso stand substituted and reads thus : "Provided that where the defen....
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....n 18/03/2020, before which the Appeal was not fled, but the Appeal came to be fled only on 28/07/2020. Recording that the lockdown was imposed on 24/03/2020 and there was no impediment for the appellant to fle the Appeal on or before 18/03/2020, their Lordships of the Apet Court, after referring to its directions In re cognizance, clarifed as under :- "17. But we do not think that the appellants can take refuge under the above order in Cognizance for Ettension of Limitation In re [( 2020) 19 SCC 10]. What was ettended by the above order of this Court was only "the period of limitation" and not the period up to which delay can be condoned in etercise of discretion conferred by the statute. The above order passed by this Court was intended to beneft vigilant litigants who were prevented due to the pandemic and the lockdown, from initiating proceedings within the period of limitation prescribed by general or special law. It is needless to point out that the law of limitation fnds its root in two Latin matims, one of which is vigilantibus et non dormientibus jura subveniunt which means that the law will assist only those who are vigilant about their rights and not those who sl....