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.

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 – defendant filed an application – I.A.No.2 under Section 13A of the Commercial Courts Act, 2015 r/w. Section 151 of the CPC, seeking permission to file written statement. The plaintiff filed objections to the said application on 11.02.2025. It is the case of the petitioner that he engaged the services of an advocate and in terms of his legal advise, relevant documents were to be procured and on the other hand, his father was suffering from ill-health and therefore, could not file the written statement within the prescribed time. The concerned Court rejects the application – I.A.No.2 in terms of the order impugned dated 10.06.2025. Thus, permission for filing of written statement comes to be rejected. Therefore, the petitioner is before this Court in the present petition.

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3. Sri Pradeep G.C., learned counsel appearing for the petitioner would iterate the averments made in the petition. He submits with regard to procedural flexibility and permission to file the written statement beyond the period of limitation and seeks permission to file the written statement by condoning the delay.

4. The afore-narrated facts are not in dispute. The issue in the lis, lies in a narrow compass. The petitioner files application – I.A.No.2 seeking permission to file written statement. The concerned Court rejects the application on the ground of delay. The order impugned reads as follows:

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“Orders on I.A.No.II

The defendant filed I.A No.2 u/s 13 A of Commercial Courts Act 2015, r/w section 151 of CPC for seeing permission to file written statement in the present suit.

In the accompanying application, defendant has taken a contention that he has engaged counsel, and he advise that to bring the relevant document for preparation of a written statement, due to ill-health of the father of the defendant, he could not able to contact his counsel. He has approached the another counsel by taking NOC vakalath. After the sufficient instruction given, then the defendant is able to file this application along with written statement.

The plaintiff has filed detailed objection to the IA and has taken a contention that, the defendant has to file written statement within 120 days and has not filed.

Hence he prayed to dismiss the application.

Heard arguments on application by the counsel for the defendant, and counsel for plaintiff is absent. Hence, the arguments of the plaintiff are taken as nil.

I Have gone through the order sheet, and counsel for the defendant appeared on 10.07.2024, and the copy of