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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV
Nilesh Suresh Kene – Appellant
Versus
Ashok Durga Pillay – Respondent
JUDGMENT :
MILIND N. JADHAV, J.
1. Heard learned Advocates appearing for the parties.
2. Writ Petition is filed by Petitioners who are Original Defendant Nos. 1 to 4 challenging the impugned common Order dated 13.01.2023, passed below Exhibit “72” and “88A” by District Judge-2, Kalyan in Commercial Suit No. 02 of 2021. Parties are referred to as “Plaintiffs” and “Defendants” for convenience.
3. Application below Exhibit “72” is filed by Plaintiffs seeking condonation of delay in filling their Written Statement to the Counter-claim filed by Defendant Nos. 1 to 4 below Exhibit “63.”
4. Application below Exhibit “88A” is filed by Defendant Nos. 5 to 13 seeking condonation of delay in filing their Written Statement to the Counter-claim filed by Defendant Nos. 1 to 4 below Exhibit “63.”
5. Defendant Nos. 5 to 13 are supporting the Plaintiffs. Contesting Defendants are Defendant Nos. 1 to 4.
6. By the impugned Order dated 13.01.2013, delay in filing Written Statement to the Counter-claim is condoned with order of costs. Defendant Nos. 1 to 4 have challenged this Order allowing condonation of delay beyond the prescribed period of 120 days, this being a Commercial Suit.
7. Defendant Nos. 1 to 4 cl
The mandatory period of 120 days for filing Written Statements applies to Counter-claims, and improper service of the Counter-claim prevents the limitation period from commencing.
The mandatory period of 120 days for filing Written Statements applies to Counter-claims, and improper service of the Counter-claim prevents the limitation period from commencing.
The court clarified that there is no fixed time limit for filing additional written statements to counter-claims, and such filings can be made upon obtaining leave from 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....
The timeline for filing replies to counter claims under the Commercial Courts Act is strictly 120 days, and extensions must adhere to the provisions of the Civil Procedure Code.
The court affirmed that defendants lose the right to file a written statement if not submitted within the prescribed 120 days, highlighting the necessity of adhering to procedural timelines in commer....
The court holds that delays in filing additional written statements can be condoned under Rule 9 of Order VIII provided there is sufficient cause and no prejudice is caused to the opposing party.
The main legal point established in the judgment is that in commercial suits, the court does not have the power to condone the delay in filing the written statement beyond 120 days from the date of s....
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.
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