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RAVI KRISHAN KAPUR
Hindustan Unilever Limited – Appellant
Versus
Emami Limited – Respondent
JUDGMENT :
(Ravi Krishan Kapur, J.)
1. This is an application for taking on record the written statement.
2. The suit is for disparagement and has been instituted before the Commercial Division of this Court. It is alleged that the writ of summons (alongwith the plaint) was served at the corporate office of the defendant on 29 June 2022. Thereafter, on 7 July 2022 the writ of summons (alongwith the plaint) was served at the registered office of the defendant. It is further contended that the writ of summons does not conform with the mandate of Order V Rule I of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act, 2015. The endorsement on the writ of summons provides that “in case the defendant fails to file the written statement within a period of 30 days, the defendant shall be allowed to file the written statement on such other day as may be specified by the Court for reasons to be recorded in writing and on payment of such costs as the Court may deem to be fit and proper but which shall not be latter than 120 days from the date of service of the Writ of Summons”. Thus, it is alleged that the time to file the written statement does not begin unless the
Written statement – Failure to file written statement within stipulated period or even extended period cannot to be detrimental to interest of defendant – Procedures are handmaid of justice and provi....
The importance of serving the copy of the plaint along with the summons and the need for cogent reasons to extend the time for filing the written statement in commercial suits.
The strict and mandatory nature of the timelines for filing a written statement in commercial suits, as per the provisions of the Commercial Courts Act, 2015 and the amended provisions of the Code of....
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.
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....
In commercial suits, written statements within 120 days from valid summons service (with plaint copy) must be accepted; extensions lean towards condonation if justified; procedural timelines subservi....
The court emphasized that the extension of time to file the written statement must be justified and recorded in writing, and the defendant cannot claim an extension of time as a matter of course.
The right to file a written statement is forfeited after 120 days unless justifiable grounds for extension are shown, requiring substantive reasoning recorded by the court.
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