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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V KAMESWAR RAO, J, T.M. NADAF
Anvita Auto Tech Works Pvt. Ltd., Represented By Its Director Mr. Abhiram Parvathaneni, W/o. Mr. Parvathaneni Santhi Kishore – Appellant
Versus
Aroush Motors, Represented By Its Partner, Mr. K. Shaharab – Respondent
| Table of Content |
|---|
| 1. facts surrounding the dealership agreement (Para 2 , 3 , 4 , 5 , 6) |
| 2. respondent no.1's investments and issues with the dealership. (Para 7) |
| 3. final judgment upholding trial court's decision (Para 9 , 22) |
| 4. appellant's contentions on forfeited rights (Para 10 , 11 , 12 , 13) |
| 5. appellant's arguments regarding the written statement and cross-examination rights. (Para 14) |
| 6. court's analysis of appellant's arguments (Para 17 , 18 , 19 , 20) |
| 7. court's rejection of appellant's claim for relief (Para 21) |
JUDGMENT :
(V. KAMESWAR RAO, J.)
The challenge in this appeal under Section 13(1A)of the COMMERCIAL COURTS ACT , 2015 read with Order 41 Rules 1 & 2 of the CIVIL PROCEDURE CODE 1908, is to the judgment/decree dated 15.11.2022 in COM.OS No.372/2021, whereby the learned LXXXVII Additional City Civil and Sessions Judge, (Exclusive Commercial Court) at Bengaluru (CCH-88) (‘the Trial Court’ for short) has decreed the suit filed by the Respondent No.1/plaintiff by stating in Paragraph-25 as under:-
“25. Point No.2:- For the aforesaid reasons, I proceed to pass the following order:
ORDER
The suit of the plaintiff is hereby partly decreed with costs.
The Defendant no.1 is directed
The mandatory period for filing written statements in commercial suits is strictly enforceable, and failure to comply results in forfeiture of rights, including cross-examination.
(1) Administration of Justice – Object of procedural rules is to advance cause of justice and not to thwart it.(2) Written Statement – On account of non-filing of written statement by defendant, his ....
The court affirmed that defendants lose the right to file a written statement if not submitted within the prescribed 120 days, highlighting the necessity of adhering to procedural timelines in commer....
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 main legal point established is that the doctrine of relation back can be applied to deem a written statement as filed within the limitation period, considering the circumstances preventing its t....
The Commercial Courts Act brings about a substantial change in the provisions relating to the period of filing of the written statement and the power of the Court to condone the delay in filing of th....
In commercial suits, a written statement filed beyond 30 days without a condonation application may not be accepted, emphasizing strict adherence to procedural timelines.
(1) Written statement in a commercial suit – Limitation period – Power, authority and jurisdiction of Court to extend time to file written statement mandatorily ceases after said mandated 120 days.(2....
A suit based on the enforcement of intellectual property rights falls within the definition of 'commercial dispute' under the Commercial Courts Act.
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