VidhiSangh

Supreme Court of India · 14/02/2022

PRAKASH CORPORATES versus DEE VEE PROJECTS LIMITED

[2022] 8 S.C.R. 889 · 2022 INSC 180

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Summary

A commercial defendant was barred from filing its written statement after the courts counted 120 days from service without giving effect to the Supreme Court’s COVID limitation orders. The Court held that the exceptional exclusion covered written statements even where ordinary law prohibited condonation. Restricted court functioning independently undermined the forfeiture finding. It directed acceptance of the prepared written statement and prompt disposal of pending applications before further suit steps.

Issues

  1. Whether the COVID limitation orders applied to the mandatory commercial written-statement deadline.
  2. What effect curtailed court functioning and an undecided stay application had on the forfeiture order.

Provisions considered

Held

Result

Appeal allowed. Forfeiture orders set aside and the prepared written statement ordered to be taken on record. Trial court to decide pending applications before further steps; substantive suit and stay merits remain open.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 889.