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.