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2019 Supreme(SC) 206

SCG CONTRACTS INDIA PVT. LTD. – Appellant
Versus
K. S. CHAMANKAR INFRASTRUCTURE PVT. LTD. – Respondent


Advocates Appeared:
For the Appellant :Rajesh Mahajan, Dr. S. Ritam Khare, Ms. Urvi Kuthiala, Ms. Shweta Chaurasia, For M/s. Ace Legal , Advocates.
For the Respondent:L.D. Joshi, Amzad Salim, Nishant R. Katneshwarkar, M/s Legal Options, Advocates.

Judgement Key Points

The legal document emphasizes that statutory provisions regarding the filing of written statements in civil suits are clear, mandatory, and cannot be circumvented through inherent powers or judicial discretion. Specifically, the law sets a strict time limit of 30 days for filing a written statement, with a maximum grace period of 90 days, totaling 120 days from the date of service of summons. Beyond this period, the defendant forfeits the right to file a written statement, and the court has no authority to extend this deadline further (!) (!) .

It is crucial to recognize that the provisions are designed to be mandatory, and their non-compliance leads to the forfeiture of the defendant’s right to submit a written statement, which must then be excluded from the record (!) (!) . Attempts to justify extensions or to ignore these statutory timelines by invoking inherent powers are not permissible, as such actions would undermine the statutory framework and public policy underlying these provisions (!) (!) .

Furthermore, even if a court erroneously allows a belated written statement or overlooks the statutory prohibition, such decisions are not sustainable and can be challenged on the grounds that they violate mandatory procedural rules. The law aims to ensure timely prosecution and defense, and any deviation from these prescribed timelines cannot be justified on the basis of judicial discretion or perceived fairness (!) (!) .

In conclusion, the strict adherence to the prescribed timelines for filing written statements is mandatory, and any order permitting a delay beyond the statutory period is invalid. The appropriate course is to exclude the belatedly filed written statement from the record, reinforcing the importance of procedural compliance and the non-derogable nature of these statutory provisions.


JUDGMENT

R.F. Nariman, J.

Leave granted.

2. In the present case, a Suit was filed on 10.03.2017 claiming a sum of Rs. 6,94,63,114/-. The Defendant No.1 was served with the summons in the Suit on 14.07.2017. 120 days from this date takes us to 11.11.2017, by which date no written statement had been filed. Meanwhile, however, an Order 7, Rule 11 application was filed. This application was taken up and rejected by the first impugned order dated 05.12.2017. After rejecting the Order 7, Rule 11 application, the learned Single Judge recorded that none appeared for the plaintiff inspite of advance copy stated to have been given. He also records that the counsel for the defendant No.1 now states that seven days time be granted to file a written statement. Para 14 of the aforesaid order then reads as follows:

"14. Subject to the defendant No.1 paying costs of Rs. 25,000/- to the counsel for the plaintiff on or before 15th December, 2017, the time for filing the written statement is extended till 15th December, 2017. If either of the conditions is not complied with, the right of the defendant No.1 to file written statement shall stand closed without any further order."

3. In obedience to this ord





























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