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2021 Supreme(Bom) 1225

G.S.PATEL
Atlanta Limited – Appellant
Versus
Metso India Pvt. Ltd. – Respondent


Advocates appeared:
Mukesh Vashi, Advocate, Aparna Deokar, Advocate, M.P. Vashi Associates, Advocate, Zal Andhyarujina, Advocate, Ravati Desai, Advocate, Nitin Khare & Sachin Mhaske, Advocate

JUDGMENT

G S Patel, J. - This otherwise routine application raises an important question in suits under the Commercial Courts Act, 2015 ("the CCA"). That Act sets an outer limit within which a defendant to a commercial suit must file his written statement. Im Axis Bank Ltd v Mira Gehani & Ors,2019 SCCOnlineBom 358. Kathawalla J held that the Court has no power to extend time beyond that date. Time begins to run from the date when the writ of summons is served. But the CCA also says that the provisions of the Code of Civil Procedure, 1908 ("the Code") are to govern. Where there is a conflict - say with the Rules framed by a Chartered High Court on its Original Side - the Code prevails. The issue before me is about this: the correct form and procedure of the writ of summons. And the conflict is this: the Bombay High Court (Original Side) Rules ("the Rules") do not require a copy of the plaint to accompany the writ of summons. The relevant form of the writ of summons in the Rules has a note at its foot. This says that the served defendant may seek a copy of the plaint from the plaintiff or his advocate, and it will be furnished 'on demand'. In contrast, Order 5, Rules 1 and 2 of the Co

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