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IN THE HIGH COURT AT CALCUTTA
Soumen Sen, Biswaroop Chowdhury
A K Ghosh and Company – Appellant
Versus
Biman Bose – Respondent
| Table of Content |
|---|
| 1. question of timeline under the commercial courts act. (Para 1) |
| 2. maintainability of the appeal based on procedural rules. (Para 2 , 3) |
| 3. court's rationale on time limits for pleadings. (Para 4 , 8 , 9 , 12) |
| 4. arguments on filing additional pleadings under cpc. (Para 5 , 6 , 10) |
| 5. reply to counter claims and procedural requirements. (Para 11 , 21) |
| 6. counter arguments regarding maintainability. (Para 14 , 15) |
| 7. procedural rules governing filing of counter claims. (Para 17 , 18 , 19) |
| 8. scrutiny requirement for counter claim acceptance. (Para 20) |
| 9. recommendations regarding procedural amendments. (Para 22 , 24) |
| 10. clarification on appealability and statutory interpretation. (Para 25 , 26 , 27) |
| 11. final orders and conclusion of the case. (Para 30) |
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 wri
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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