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december 2015

Supreme Court of India · 2015-12-04

New India Assurance Co. Ltd vs Hilli Multipurpose Cold Storage Pvt Ltd

Citation / case number
AIR 2016 SUPREME COURT 86
Court
Supreme Court of India
Petitioner
New India Assurance Co. Ltd
Respondent
Hilli Multipurpose Cold Storage Pvt Ltd
Author
Anil R. Dave
Bench
Pinaki Chandra Ghose, Vikramajit Sen, Anil R. Dave

Judgment text excerpt

The Supreme Court addressed the issue of the limitation period for filing a written statement under Section 13(2)(a) of the Consumer Protection Act, 1986, specifically whether the period can exceed 45 days as established in Dr. J.J. Merchant v. Shrinath Chaturvedi [(2002) 6 SCC 635] and Kailash v. Nanhku [(2005) 4 SCC 480]. The Court held that the District Forum cannot grant an extension beyond 45 days for the opposite party to file their version, reaffirming the legal principle that the limitation period is capped at 45 days. The matter was referred to a larger bench for further clarification on the conflicting judgments.

New India Assurance Co. Ltd vs Hilli Multipurpose Cold Storage Pvt Ltd · Niyam