VidhiSangh

Supreme Court of India · 03/10/2023

ADITYA KHAITAN & ORS. versus IL AND FS FINANCIAL SERVICES LIMITED

[2023] 12 S.C.R. 803 · 2023 INSC 867

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Summary

The Supreme Court directed acceptance of written statements in a commercial suit because the pandemic exclusion orders covered the outer period for condoning filing delay. Although the initial thirty days expired before 15 March 2020, the 120-day outer limit fell within the excluded period. Later orders expanded the protection considered in Sagufa Ahmed and benefited the defendants despite postdating the High Court decision. The appeals were allowed.

Issues

  1. Whether the pandemic exclusion applied when the initial thirty days had expired but the 120-day outer limit had not.
  2. Whether subsequent exclusion orders displaced the basis on which the High Court relied on Sagufa Ahmed.

Provisions considered

Held

Result

Appeals allowed without costs. High Court judgment set aside; written statements filed on 20 January 2021 directed to be taken on record and the suit to proceed.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 803.