Jharkhand Urja Utpadan Nigam Ltd. vs Bharat Heavy Electricals Limited 2025 INSC 533 - Order XX Rule 1 CPC - Commercial Courts Act
Code of Civil Procedure 1908 - Order XX Rule 1 - Commercial Courts Act, 2015 -Section 13(1-A) - Order XX Rule 1 CPC as amended and made applicable to the Commercial Courts is to be treated as only directory and not mandatory. So notwithstanding the provision contained in the amended Order XX Rule 1 CPC (mandating issuance of copies to the parties to the dispute through electronic mail or otherwise), if such copies are not issued within a reasonable time, the parties to the dispute have to apply for the same, and after obtaining it, prefer an appeal within the time prescribed in Section 13(1-A) of the Commercial Courts Act, 2015. -Merely because Order XX Rule I enjoins a duty upon the commercial courts to provide the copies of the judgment that does not mean that the parties can shirk away all responsibility of endeavoring to procure the certified copies thereof in their own capacity. (Para 10-20)
Limitation - The law of limitation cannot be read in such a manner whereby parties stop showing any modicum of regard for their own rights and on the pre-text of untimely communication continue to litigate without being vigilante themselves. (Para 14)
