JUDGMENT

S. C. Gupte, J. - This commercial appeal challenges an order passed by a learned Single Judge of this Court on a notice of motion. The question of law decided by the learned Single Judge in the impugned order was : whether the mandatory timeline of 120 days for fling a written statement in a Commercial Suit is applicable to suits which were filed prior to the enactment of the Commercial Courts Act, 2015 and which came to be transferred as commercial suits to be heard by the commercial division of this Court in accordance with the provisions of Section 15 of the Commercial Courts Act.

2. The present suit was filed on 19.03.2013 as an ordinary suit. On 15.04.2013, writ of summons was issued to both defendants, who are Respondents to the present commercial appeal. The writ of summons was duly served on defendant No.2, but not on defendant No.1. In pursuance of such service, on 19.11.2013, defendant No.2 filed its written statement in the suit. Before the writ of summons could be served on defendant No.1, the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ("Commercial Courts Act") came into force on 23.10.2015. In pursuance of t