2022 (3) TMI 1401 - SCH - Indian Laws

Maintainability of claim - Time Limitation - claim was not filed within a period of one month or extending condonable period of one month - Section 28 of the Indian Contract Act, 1872 - HELD THAT - In view of Section 28 of the Indian Contract Act, 1872, the condition of lodging claim within a period of one month, extendable by another one month is contrary to Section 28 of the Act and thus void. In view of the said fact, there are no ground to interfere with the order passed by the High Court - SLP dismissed.

Summary

Issues: Validity of claim filing period under Indian Contract Act, 1872

Validity of claim filing period under Indian Contract Act, 1872:
The Supreme Court, comprising Hon'ble Mr. Justice Hemant Gupta and Hon'ble Mr. Justice V. Ramasubramanian, addressed the issue of the validity of a claim filing period under Section 28 of the Indian Contract Act, 1872. The petitioner argued that the claim was not filed within the stipulated period of one month, or within an extendable condonable period of one month. However, the Court referred to Section 28 of the Act, which states that any agreement restricting a party from enforcing their rights within a specified time frame is void. The Court held that the condition of lodging a claim within a one-month period, extendable by another month, is contrary to Section 28 of the Act and therefore void. Consequently, the Court found no grounds to interfere with the order passed by the High Court and dismissed the special leave petition. Any pending applications were also disposed of in light of this judgment.