VidhiSangh

Supreme Court of India · 15/04/2025

JHARKHAND URJA UTPADAN NIGAM LTD. & ANR. versus M/S BHARAT HEAVY ELECTRICALS LIMITED

[2025] 4 S.C.R. 1646 · 2025 INSC 533

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Summary

The requirement in Order XX Rule 1 CPC, as amended for commercial courts, that copies of the judgment be issued to the parties is directory, not mandatory: the sixty-day limitation for an appeal under Section 13(1A) of the Commercial Courts Act, 2015 runs from pronouncement, and a party cannot wait indefinitely for a copy it never asked for. The High Court's refusal to condone a 301-day delay by a State undertaking that applied for a certified copy only eight months after pronouncement was upheld.

Issues

  1. Whether the requirement in Order XX Rule 1 CPC, as amended by the Commercial Courts Act, 2015, that copies of the judgment be issued to the parties is mandatory, so that limitation for an appeal under Section 13(1A) does not begin until a copy is supplied.
  2. Whether the decisions in Housing Board, Haryana and Sagufa Ahmed, computing limitation from the date of communication of the order, apply to a party that made no effort to obtain the judgment.
  3. Whether a delay of 301 days in filing a commercial appeal could be condoned under Section 5 of the Limitation Act, 1963.

Provisions considered

Held

Result

Special leave petition dismissed; High Court's refusal to condone the 301-day delay in filing the commercial appeal under Section 13(1A) of the Commercial Courts Act, 2015 upheld; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 1646.