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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ABHAY AHUJA
Bhambhani Shipping Ltd. – Appellant
Versus
Halani Star – Respondent
| Table of Content |
|---|
| 1. condonation of delay in filing additional pleadings. (Para 1 , 2 , 12) |
| 2. filing additional written statements and discretion of the court. (Para 3 , 4 , 6 , 7) |
| 3. opposition to additional statements and requirements. (Para 5 , 5 , 15 , 16) |
| 4. rationale for granting delay based on exceptional circumstances. (Para 8 , 9 , 11 , 28) |
| 5. cost implications for delay in pleadings. (Para 10 , 14 , 18) |
| 6. final decision on the application. (Para 31 , 32) |
ORDER :
ABHAY AHUJA, J.
1. This Interim Application seeks condonation of delay of approximately 684 days in filing the additional written statement and a direction to take the same on record.
2. Mr. Gandhi, learned Counsel appearing for the Applicant submits that this Application has been filed on behalf of the Defendant No.2. Learned Counsel submits that the Plaint was filed on 27th August, 2021 and was registered on 18th December, 2021. The written statement was filed on behalf of the Defendant No. 2 on 8th November, 2021, well before the expiry of 120 days. That by Interim Application (L) No. 7315 of 2023, the Plaintiff sought to amend the Plaint to incorporate certain claims that had arisen after the filing of the Suit. The sa
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 court affirmed that procedural rules regarding the filing of written statements can be interpreted flexibly to ensure justice, allowing extensions in exceptional circumstances.
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.
(1) Written statement in a commercial suit – Limitation period – Power, authority and jurisdiction of Court to extend time to file written statement mandatorily ceases after said mandated 120 days.(2....
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 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....
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 emphasized the importance of complying with the provisions of the Code of Civil Procedure, 1908, and the Commercial Courts Act 2015, regarding the filing of written statements and the exten....
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