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january 2014

Supreme Court of India · 2014-01-02

SANDEEP THAPAR vs SME TECHNOLOGIES P.LTD.

Citation / case number
SC 2011/5109
Court
Supreme Court of India
Petitioner
SANDEEP THAPAR
Respondent
SME TECHNOLOGIES P.LTD.
Author
FAKKIR MOHAMED IBRAHIM KALIFULLA SURINDER SINGH NIJJAR
Bench
FAKKIR MOHAMED IBRAHIM KALIFULLA SURINDER SINGH NIJJAR

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the appellant's application for extension of time to file a written statement under Order VIII Rule 1 CPC, emphasizing that the rule is mandatory and allows a maximum of 60 days extension only for recorded reasons. The Court noted that the non-impleadment of Mr. Sharad Maheshwari, the Managing Director of the plaintiff company, would not affect the appellant's defense as the company could sue in its own name. The Court reiterated the principles established in Kailash v. Nanhku regarding the necessity of adhering to procedural timelines, thereby affirming the High Court's decision.

SANDEEP THAPAR vs SME TECHNOLOGIES P.LTD. · Niyam