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SIDDHARTHA ROY CHOWDHURY
India Power Corporation Limited (IPCL) – Appellant
Versus
Jefferies India Private Limited – Respondent
JUDGMENT :
(Siddhartha Roy Chowdhury, J.)
1. For the sake of convenience and brevity this Court proposes to dispose of both the revisional applications by a common judgement. C.O. 900 of 2022 impeaches the order no. 26 dated 7th January, 2022 passed by learned Judge, Commercial Court at Rajarhat, North 24 Parganas in Money Suit No. 32 of 2019.
2. By the impugned order learned Trial Court was pleased to reject the application under Section 151 of the Code of Civil Procedure filed by the defendant seeking order “for removal of the case record from ex parte board after condoning the latches” and further observing that the defendants entered into appearance after the elapse of time to file written statement, learned Trial Court, taking into consideration the provision of Order V Rule 1 (1) of the Code of Civil Procedure posted the suit for ex parte hearing on 14th March, 2022.
3. On 14th March, 2022 the defendant entered into appearance and sought for adjournment with further prayer before the learned Trial Court to take up the petition under Order VII Rule 11 of the Code of Civil Procedure, filed by the defendant, before the ex parte hearing of the suit. Learned Trial Court rejected th
Timelines for filing written statements in commercial disputes may be adjusted by the court during transfer, rather than mandating strict adherence to previous civil procedure timelines.
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....
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 emphasized the necessity of allowing a defendant to participate in proceedings, ruling that procedural errors in ex-parte judgments violate principles of natural justice.
The service of notice to any adult family member, including a female, is valid despite local amendments restricting it to male members, thus upholding the decree passed. Refusal to appear without suf....
The failure to lodge a writ of summons invalidated the suit, making any proceedings and transfers null and affecting the court's jurisdiction.
The court ruled that an ex-parte order is interlocutory and barred from revision under the Commercial Courts Act, but the petitioner retains the right to participate in ongoing proceedings.
The main legal point established in the judgment is that a Commercial Court cannot permit a party to lead fresh evidence after the matter is posted for arguments if the procedural requirements under ....
The Trial Court's decision in favor of the plaintiffs/respondent Nos. 1 and 2 and against the appellant without ensuring notice to the appellant and/or his counsel had been effected was in violation ....
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