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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
PIL India Private Limited – Appellant
Versus
Krishna Agrotech Limited – Respondent
| Table of Content |
|---|
| 1. application under article 227 and procedural history. (Para 1 , 2 , 3 , 4 , 5) |
| 2. overview of parties' attempts regarding written statement and ex parte order. (Para 6 , 7 , 8) |
| 3. arguments presented by both sides regarding delay in filing written statements. (Para 10 , 11 , 12) |
| 4. legal framework on ex parte hearings and procedural rules. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 5. analysis of applicable law post-transfer to commercial court. (Para 19 , 20 , 21 , 26 , 27 , 28 , 29) |
| 6. discussion on further proceedings and implications of transfer. (Para 22 , 23 , 24 , 25) |
| 7. supreme court rulings relevant to delay in written statements. (Para 31 , 32 , 33 , 34 , 35) |
| 8. court's final orders and directions regarding pending applications. (Para 37 , 38 , 39 , 40) |
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. This application under Article 227 of the Constitution of India is at the instance of the second defendant and is directed against an order dated February 21, 2025 passed by the learned Judge, Commercial Court at Alipore in T. S. (COM) 33 of 2022.
2. By the order impugned, applications being IA 1 of 2022 and IA 2 of 2022, stood rejected.
3. IA 1 of 2022 was an application filed by 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.
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 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....
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 law of limitation does not extend for defendants who have actively participated in litigation and have previously availed concessions; negligence in filing a written statement bars admission.
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....
Section 15 of Act, 2015 deals with transfer of pending cases.
Written Statement – Insofar as normal Civil Courts are concerned, it is proviso to Order VIII Rule 1 CPC which applies – Proviso to Rule 1 of Order VIII CPC is directory and not mandatory.
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