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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
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 as “plaintiff” and “defendants”.
3. The plaintiff had filed a suit for recovery of amount against defendant Nos.1 to 6, being Special Civil Suit No.8606 of 2018. Defendant Nos.7 to 9 are arrayed as proper parties to the suit, against whom decree for recovery of money is not sought. Upon being served with the suit summons, defendant Nos.1 to 6 entered appearance in the matter on 18.07.2018. The defendant Nos.1 to 6 filed application dated 18.07.2018 seeking time to file written statement which was allowed
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....
A suit based on the enforcement of intellectual property rights falls within the definition of 'commercial dispute' under the Commercial Courts Act.
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