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IN THE HIGH COURT AT CALCUTTA
Soumen Sen, Biswaroop Chowdhury
A K Ghosh and Company – Appellant
Versus
Biman Bose – Respondent
JUDGMENT :
Soumen Sen, J.
1. The appeal involves the question as to whether the timeline specified in Order VIII Rule 1 as amended by the Commercial Courts Act, 2015 would apply to the timeline within which reply to the counter claim in the written statement sometimes also referred to as an additional written statement is to be filed by the plaintiff.
2. The learned Single Judge declined to extend the time to file additional written statement beyond 120 days and had rejected the application filed by the plaintiff for extension of time to file additional written statement beyond that time.
3. At the outset, Mr. Utpal Bose, learned senior counsel appearing on behalf of the respondent has raised the question of maintainability of the appeal. Mr. Bose has relied upon the proviso to Section 13 (1-A) of the Commercial Courts Act, 2015 to argue that an appeal can lie only from such orders as are specifically enumerated under Order XLIII of the Code of Civil Procedure. The learned senior counsel has also referred to Section 13(2) of the said Act to show that no appeal can lie from any order or decree otherwise than in accordance with the provisions of the said Act and the said sub-section has
The timeline for filing replies to counter claims under the Commercial Courts Act is strictly 120 days, and extensions must adhere to the provisions of the Civil Procedure Code.
The court clarified that there is no fixed time limit for filing additional written statements to counter-claims, and such filings can be made upon obtaining leave from the court.
The mandatory period of 120 days for filing Written Statements applies to Counter-claims, and improper service of the Counter-claim prevents the limitation period from commencing.
The mandatory period of 120 days for filing Written Statements applies to Counter-claims, and improper service of the Counter-claim prevents the limitation period from commencing.
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.
Counter claims must be filed before the settlement of issues in a trial stage; filing after issues are settled is not maintainable.
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....
Section 148 CPC does not apply to the commercial court, even if accepted, the Commercial Court shall have power to provide a new time period for filing written statement under Section 15(4) of the Ac....
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