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Mar 30, 2020

SC Ruling on Statutory Time Limit for Defendant’s Reply

A full bench of the SC in a recent judgment passed in New India Assurance Limited v. Hilli Multipurpose Cold Storage Limited[1], held that the District Consumer Disputes Redressal Forum could not grant the defendant additional time to file a reply / written statement, beyond the total period of 45 days under Section 13(2)(a) of the (Indian) Consumer Protection Act, 1986 (‘CP Act’). This provision was mandatory and not directory, and there is no scope for interpretation on equitable grounds.

[1] Civil Appeal No. 10941­-10942 of 2013, order dated March 4, 2020.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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