JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. The issue which falls for consideration is whether a Statement of Truth in a Written Statement in a Commercial Suit is a mandatory requirement under The Commercial Courts Act, 2015 and whether the absence thereof warrants striking out of the defence in the suit.

2. The plaintiff contends that a Written Statement without a Statement of Truth is an incurable defect while the defendant urges otherwise. The difference of view centres on the construction of Order VI Rule 15A of The Code of Civil Procedure, 1908, as amended by The Commercial Courts Act, 2015.

3. The two applications before this Court proceed on the respective stands taken by the parties as stated above; G.A. 5 of 2021 is of the plaintiff for striking out the defence while the defendant seeks to cure the defect by filing the Statement of Truth in G.A. 6 of 2021. Both the applications have been heard and are being decided in this Judgment.

4. Order VI Rule 15 of the CPC underwent two major changes brought about by The Code of Civil Procedure (Amendment) Act of 1999 with effect from 2002 and by The Commercial Courts Act in 2015:

(i) Order VI Rule 15 as it stood before the amendment with eff