KRISHNA RAO
Dredging and Desiltation Company Private Limited – Appellant
Versus
Mackintosh Burn & Northern Express Consortium – Respondent
JUDGMENT :
Krishna Rao, J.
1. Defendant nos. 1 and 2 have filed the instant application praying for extension of time to file the written statement. The plaintiff has filed Civil Suit No. 242 of 2018 on 7th December, 2018 and writ were issued on 22nd February, 2019. The writ of summons were served upon the defendant nos.1 and 2 on 4th April, 2019 and thus the defendants no.1 and 2 were supposed to file their written statement on or before 9th May, 2019. The defendant nos.1 & 2 entered appearance on 17th April, 2019 but due to change of Advocate as well as resolution of Pen Down taken by the Bar Council of West Bengal which had continued till 9th June, 2019 and on 10th June, 2019, the Court was reopened after summer vacation. After consultation with the Senior Counsel, finally on 10th July, 2019, written statement was settled and on 11th July, 2019, the instant application was filed and thus there is a delay of 63 days but have filed the same before completion of 120 days.
2. In the meantime, the plaintiff had also filed an application being GA No. 2267 of 2019 praying for amendment in the plaint and GA No. 1299 of 2019 (New GA No. 2 of 2019) praying for Judgment on admission. The appl
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The court affirmed that procedural rules regarding the filing of written statements can be interpreted flexibly to ensure justice, allowing extensions in exceptional circumstances.
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 provision of Order VIII Rule 1 is directory and not mandatory, and the court has the power to extend the time for filing the written statement beyond the time schedule provided.
The judgment emphasized the mandatory nature of the provisions of the Commercial Courts Act regarding the time period for filing a written statement in Commercial Suits, and the consequences of faili....
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 court ruled that the limitation for filing a written statement is strict and can only be extended in exceptional circumstances, which were not present in this case.
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 the time limit for filing a written statement under the Civil Procedure Code should be treated as directory, and the court should balance the ....
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 Commercial Courts Act brings about a substantial change in the provisions relating to the period of filing of the written statement and the power of the Court to condone the delay in filing of th....
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