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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
ROHIT W. JOSHI
Jawahar Saw Mills Pvt. Ltd. – Appellant
Versus
Ganesh Saw Mill – Respondent
| Table of Content |
|---|
| 1. commencement and procedural context of the suit. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. forfeiture of the right to file written statement post 120 days. (Para 7) |
| 3. arguments on applicability of timelines for written statements. (Para 8 , 9 , 10 , 11 , 12) |
| 4. interpretation of section 15(4) and its jurisdictional implications. (Para 13 , 14 , 15) |
| 5. assessment of delay in filing written statement. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 6. final dismissal of writ petition. (Para 32) |
JUDGMENT :
ROHIT W. JOSHI, J.
1. RULE. Rule made returnable forthwith. Heard finally with consent of the learned Advocates for the respective parties. Records and proceedings of the learned Trial Court were called for perusal vide order dated 22.12.2025.
2. The present petition is filed by the original defendant Nos. 1 to 4 and 6 in Commercial Suit No.2 of 2019 in order to challenge orders dated 15.09.2022, passed by the learned District Judge-9 on applications at Exhibit Nos. 59 and 70 in Commercial Suit No.2 of 2019. The respondent No.1 is the original plaintiff and respondent Nos.2 to 5 are original Defendant Nos.5,7,8 and 9 respectively. The parties will hereinafter be referred to
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 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 court established the discretion of the Commercial Court in accepting written statements in transferred suits and highlighted the applicability of the Commercial Courts Act, 2015 to suits filed b....
(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....
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.
Mandatory provision of filing written statement within 120 days from receipt of summons in case of a commercial suit will not be applicable in case of a transferred suit.
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 is that the doctrine of relation back can be applied to deem a written statement as filed within the limitation period, considering the circumstances preventing its t....
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