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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Batliboi Environmental Engineering Limited – Appellant
Versus
Eastern Metec Private Limited – Respondent
Judgment :
Shampa Dutt (Paul), J.
1. The civil revision has been preferred challenging order no. 7 dated 11th July, 2022 passed by the learned Judge, Commercial Court at Alipore in Money Suit No. 13 of 2022.
2. Vide the impugned order, the learned Commercial Court noted that the mediation between the parties had failed. The learned Court further directed the defendant to file his written statement along with counter claim upon the plaintiff within 48 hrs. and also granted leave to the defendant to file all original documents.
3. Being aggrieved, the plaintiff/petitioner has preferred the revisional application stating that the defendant/opposite party appeared on 19.01.2016 and filed its written statement (without any counter claim) on 20.11.2017.
4. On 22.12.2021 the suit was fixed for adducing evidence of P.W. No. 1. On that date due to paucity of time the evidence of the P.W. 1 could not take place, but the copy of the evidence on affidavit was served upon the learned advocate for the defendant.
5. On 09.02.2022, the suit was transferred to the Commercial Court and was renumbered as Money Suit No. 13 of 2022. On 11.07.2022 the defendant filed a fresh written statement with a purported
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 upheld the trial court's discretion in allowing a late written statement against a counter-claim, emphasizing that no fixed period was established for its submission.
Counter claims must be filed before the settlement of issues in a trial stage; filing after issues are settled is not maintainable.
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.
Section 15 of Act, 2015 deals with transfer of pending cases.
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