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TMI Blog2022 (5) TMI 1569X X X X Extracts X X X X X X X X Extracts X X X X ..... rticularly when the 120 days period expired in the present case on 09.05.2020 which was during the aforesaid period as prescribed by this Court in the aforesaid order, the High Court ought to have excluded the aforesaid period for the purpose of filing the written statement and ought to have permitted to take the written statement on record. The impugned judgment and order passed by the High Court refusing to condone the delay and take on record the written statement is hereby quashed and set aside. The Appeal is accordingly allowed. - CIVIL APPEAL NO.3786 OF 2022 (@ Special Leave Petition (C) No. 2522/2022) - - - Dated:- 9-5-2022 - M.R. Shah And B.V. Nagarathna For the Assessee : Ms. Manisha T. Karia, AOR, Ms. Nidhi Nagpal, Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.17298/2021 in the case of Centaur Pharmaceuticals Pvt. Ltd. Anr. Vs. Standford Laboratories Pvt. Ltd., the impugned order passed by the High Court is unsustainable. The operative portion of the order passed by this Court in Miscellaneous Application No.21/2022 reads as under - I. The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021. It is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings. II. Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expired in the present case on 09.05.2020 which was during the aforesaid period as prescribed by this Court in the aforesaid order, the High Court ought to have excluded the aforesaid period for the purpose of filing the written statement and ought to have permitted to take the written statement on record. The impugned judgment and order passed by the High Court refusing to condone the delay and take on record the written statement is hereby quashed and set aside. It is directed that the written statement, already filed, be taken on record and the same be considered in accordance with law. It is reported that an interim injunction application is pending before the learned Trial Court since long. We direct the learned Trial Court to fina ..... X X X X Extracts X X X X X X X X Extracts X X X X
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