Supreme Court of India

M/s Scg Contracts India Pvt. Ltd. v. K. S. Chamankar Infrastructure Pvt. Ltd. & Ors.

Neutral citation

Reported as [2019] 3 S.C.R. 1050

Bench R. F. Nariman and Vineet Saran JJ.

Decided 12 February 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that this judgment cannot be read in the manner sought for by the learned counsel appearing on behalf of the respondents.

Judgment, page 8

From the headnote

Code of Civil Procedure, 1908 (As amended in the wak e of the Commercial Courts, Commercial Division and Comm ercial Appellate Division of High Courts Act, 2015 coming int o force on 23-10-2015): Or. VIII, r. 1, proviso and r. 10, proviso, Or. V, r. 1,sub r ule (1), second proviso – Written statement – Procedure when party fails to present written statement called for by court – On facts, in a commercial suit, failure of defendant No.1 to file writte n statement within 120 days from the date of service of summons – Meanwhi le, filing of application under Or. VII, r. 11 – Rejected by o rder

Authorities it was built on

2005 Kailash v. Nanhku and Ors. cited by 38
2012 Sangeet & Anr. v. State of Haryana cited by 32
2004 Bhanu Kumar Jain v. Archana Kumar and Anr. cited by 20
2005 Salem Advocate Bar Association, Tamil Nadu v. Union of India cited by 19
2018 The State of Bihar & Ors. v. Bihar Rajya Bhumi Vikas Bank Samiti cited by 5
2005 Shaikh Salim Haji Abdul Khayumsab v. Kumar and Ors. cited by 5
1961 Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal cited by 2

Where later benches applied it

2022 Prakash Corporates v. Dee Vee Projects Limited relied on
2025 M/s Anvita Auto Tech Works Pvt. Ltd. v. M/s Aroush Motors & Anr. referred to
2024 Child in Conflict with Law through His Mother v. The State of Karnataka and Another referred to
2020 Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. referred to

Of those, 1 relied on · 3 referred to

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