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ANIRUDDHA BOSE, BELA M. TRIVEDI
National Insurance Company Ltd. – Appellant
Versus
National Building Construction India Ltd. – Respondent
| Table of Content |
|---|
| 1. service and limitation computation. (Para 2) |
| 2. requirement of service under order v rule 2. (Para 3 , 4) |
| 3. question of fact regarding service. (Para 5) |
| 4. dismissal of the petition. (Para 6 , 7) |
ORDER :
1. Heard learned counsel for the petitioner and the respondents.
2. The point on which the present petition is founded is on computation of starting day of limitation for filing written statement in a suit instituted in the original side of the Delhi High Court, Commercial Division. There was service of summons by two modes. The first was through the bailiff, which was made on 19th June 2017. A copy of the bailiff’s has been annexed at Page ‘22’ of the counter affidavit of the respondent No. 1. The copy of the notice of summons reflects therein that copy of the plaint (complete paperbook) had been supplied. The second service was through speed post made on 22nd August 2017, and contention of the petitioner is that the paperbook which they received through the second mode did not carry two pages which were later made available on 27.10.2017. In the event the date of first service by the bailiff is treated to be the starting date for computing the time for filing writte
Failure to comply with the statutory period for filing a written statement and failure to approach the Trial Court for supply of the paper book can lead to the forfeiture of the right to file the wri....
In commercial suits, written statements within 120 days from valid summons service (with plaint copy) must be accepted; extensions lean towards condonation if justified; procedural timelines subservi....
The main legal point established in the judgment is the requirement for the defendant to file the written statement within the prescribed period, the consequences of failing to do so, and the applica....
The mandatory timeframe for filing a written statement is reset when service of summons does not include a copy of the plaint, thereby allowing acceptance of the written statement if filed within 120....
Written statement – Failure to file written statement within stipulated period or even extended period cannot to be detrimental to interest of defendant – Procedures are handmaid of justice and provi....
The timeline for filing a written statement in commercial suits starts from the date the plaintiff rectifies any court fee deficiencies, ensuring fairness and equity in the judicial process.
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