VidhiSangh

Supreme Court of India · 06/09/2024

RICARDO CONSTRUCTIONS PVT. LTD. versus RAVI KUCKIAN & OTHERS

[2024] 9 S.C.R. 638 · 2024 INSC 715

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Summary

The NCDRC foreclosed the appellant's right to file a written statement after the time it had allowed expired. The Supreme Court set that order aside because the record did not show that a copy of the complaint had ever been supplied to the appellant or its counsel. Following New India Assurance v. Hilli Multipurpose Cold Storage, time runs from receipt of the notice together with the complaint, not from receipt of the notice alone. The written statement was allowed on costs.

Issues

  1. Whether the NCDRC was right to foreclose the opposite party's right to file a written statement for not filing it within the time granted, when the record did not show that a copy of the complaint had been served on it or its counsel.

Provisions considered

Held

Result

Appeal allowed. The order foreclosing the written statement was set aside, and the appellant may file it by 14.10.2024 on paying costs of Rs. 1,00,000 to each of respondents 1 to 31 as a condition precedent. Replication is due by 06.11.2024, the affidavit of evidence by 09.12.2024, and the hearing stays fixed for 09.01.2025.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 638.