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march 2007

Supreme Court of India · 2007-03-26

M/S ADITYA HOTELS (P) LTD. vs BOMBAY SWADESHI STORES LTD. .

Citation / case number
SC 2006/9693
Court
Supreme Court of India
Petitioner
M/S ADITYA HOTELS (P) LTD.
Respondent
BOMBAY SWADESHI STORES LTD. .
Author
ARIJIT PASAYAT
Bench
LOKESHWAR SINGH PANTA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the trial court's discretion to allow the filing of a written statement beyond the stipulated period under Order VIII Rule 1 of the Code of Civil Procedure, 1908, must be exercised with valid reasons recorded in writing. The Court emphasized that the High Court's dismissal of the writ petition under Article 227 was improper as it failed to consider the absence of justification for the delay in filing the written statement. Consequently, the Supreme Court set aside the High Court's order and directed the trial court to reconsider the matter in light of the established legal principles.

M/S ADITYA HOTELS (P) LTD. vs BOMBAY SWADESHI STORES LTD. . · Niyam