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january 2014

Supreme Court of India · 2014-01-02

Sandeep Thapar vs Sme Technologies P.Ltd

Citation / case number
AIR 2014 SUPREME COURT 897
Court
Supreme Court of India
Petitioner
Sandeep Thapar
Respondent
Sme Technologies P.Ltd
Author
Fakkir Mohamed Ibrahim Kalifulla
Bench
Fakkir Mohamed Ibrahim Kalifulla

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's appeal for extension of time to file a written statement under Order VIII Rule 1 of the CPC, emphasizing that the 30-day period is mandatory and can only be extended by an additional 60 days for valid reasons. The Court clarified that the non-impleadment of Mr. Sharad Maheshwari, the Managing Director of the plaintiff company, does not affect the plaintiff's ability to pursue the suit, as the company can sue through an authorized representative. The Court reiterated that the purpose of the time limit is to expedite proceedings, not to hinder them, referencing the case of Kailash v. Nanhku (2005) 4 SCC 480.

Sandeep Thapar vs Sme Technologies P.Ltd · Niyam