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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Elixir Industries – Appellant
Versus
Aarman Solutions Private Limited – Respondent
ORDER :
M.NAGAPRASANNA, J.
The petitioner – defendant is calling in question an order dated 10.06.2025, passed by the LXXXII Additional City Civil and Sessions Judge (Commercial Court), (CCH-83), Bengaluru, on I.A.No.2 filed under Section 13A of Commercial Courts Act, 2015, in Commercial O.S.No.206/2024, rejecting the written statement filed by the petitioner/defendant, on the score that it is beyond the period of limitation prescribed under Order VIII Rule 1 read with Section 151 of the CPC.
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2. The petitioner and the respondent enter into a leave and license agreement for certain amount with terms and conditions. It transpires that there were several transactions between the parties. Due to some dispute between them, the respondent - plaintiff institutes a commercial suit in Commercial O.S.No.206/2024 against the petitioner for recovery of money of ₹27,82,537/- towards the refund of security deposit and interest of ₹5,84,332/- at 12% p.a., from 30.04.2022, till the date of institution of the suit. The suit is filed on 05.02.2024. The case at hand is not on the merit of the matter. The concerned Court issued summons to the petitioner – defendant. On 16-01-2025, the petitioner – defen
The right to file a written statement in a commercial suit is extinguished after 120 days as mandated by law, emphasizing strict adherence to procedural timelines.
The court emphasized that the extension of time to file the written statement must be justified and recorded in writing, and the defendant cannot claim an extension of time as a matter of course.
The right to file a written statement is forfeited after 120 days unless justifiable grounds for extension are shown, requiring substantive reasoning recorded by the court.
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....
(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....
Defendants must file a formal application to extend time for the written statement beyond thirty days, as failure to do so results in forfeiture of the right to file.
The time limit for filing the written statement under Order VIII Rule 1 of CPC is not mandatory for suits not governed by the Commercial Court Act, 2015, as established in the judgment of 'Kailash V.....
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