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Supreme Court of India 2022-05-09 allowed

Babasaheb Raosaheb Kobarne & Anr vs Pyrotek India Private Limited & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Defendants in a commercial suit failed to file their written statement within the prescribed 120-day period, which expired on 9 May 2020 during the COVID-19 lockdown. The High Court refused to condone the delay. The Supreme Court held that the lockdown period from 15 March 2020 to 28 February 2022 must be excluded from all limitation periods under applicable laws, including the Commercial Courts Act. Consequently, the High Court's order was set aside, the written statement was directed to be taken on record, and the case remitted for adjudication of a pending interim application.

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Condonation of Delay Limitation COVID-19 Pandemic Commercial Courts Act Civil Procedure Judicial Administration

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