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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
PIL India Private Limited – Appellant
Versus
Krishna Agrotech Limited – Respondent
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 the defendant no. 2 for condonation of delay in filing the written statement and IA 2 of 2022 is an application praying for recalling the order of ex parte hearing.
4. The opposite party no. 1 herein filed a suit praying for a decree of recovery of money and for other consequential reliefs before the learned Civil Judge (Sr. Division), 2nd Court at Alipore and the same was registered as Title Suit No. 70 of 2016.
5. The petitioner herein appeared in the suit and filed two applications, one under Order 7 Rule 11 of the Civil Procedure Code and the other under Order 12 Rule 6 of the Civil Procedure Code. The application under Order 7 Rule 11 of the Civil Procedure Code stood rejected by an order dated June 11, 2018. The said order was challenged in a civil revision applica
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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