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R. I. CHAGLA
Amba Shipping & Logistics Pvt. Ltd. – Appellant
Versus
M. V. Thera – Respondent
ORDER :
R.I.Chagla, J. - By this Interim application the Applicants/Original Defendants have sought condonation of delay in filing Written Statement and for directions to the Registry to take the Written Statement on record.
2. The Applicants/Original Defendants have in the Interim Application stated that the Writ of Summons had been served on 9th June, 2023, though the present Suit was instituted on 9th December, 2022 as per records available on the Bombay High Court website. The copy of the Writ of Summons duly served on the Applicants is annexed at Exhibit-A to the Interim Application.
3. The Applicants have further stated in Paragraph 6-8 of the Interim Application that upon service of Writ of Summons, Applicant No.2 being the owner of Applicant No.1 had to gather all documents pertaining to the Suit. Thereafter, the Applicants upon collection of the relevant documents, E-mails and Bank Statements pertaining to the subject matter of the present Suit had taken time to understand and prepare the defence which involves reading and understanding voluminous documents. A draft Written Statement was prepared for the Applicants' comments and perusal. Thereafter, the Advocates for the Appl
Substantial justice prevails over technicalities; delay in filing Written Statement within 120 days can be condoned if justified.
Timeliness in filing written statements is crucial; any delay beyond prescribed limits without an accompanying application for condonation is impermissible.
Point of Law : Delay in filing Written statement - Commercial Court dealing with a commercial suit had no discretion to condone delay and could not allow the written statement to be taken on record b....
The court established that the failure to file a duly executed Written Statement within the prescribed time limits results in forfeiture of the right to file, and any application for condonation of d....
Point of Law : Civil Law – Condonation of Delay - Extension of time for filing written statement - Court must be satisfied that the defendant was prevented from a sufficient cause for exceptional and....
The court upheld strict adherence to procedural timelines for filing written statements, requiring exceptional circumstances for any delay beyond stipulated periods.
The court established that the timeline for filing a written statement under the CPC is directory but requires sufficient justification for any delays, which was not demonstrated in this case.
The main legal point established in the judgment is that the time limit for filing a written statement under the Civil Procedure Code should be treated as directory, and the court should balance the ....
Question of delay could not be re-agitated by means of the application under Order VIII Rule 1 CPC.
Point of Law : provisions of the Commercial Courts Act, 2015 have to be strictly construed and if the provisions are given liberal interpretation, the object behind the enactment, of speedy disposal,....
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