IA No. 5853/2016 (for condonation of delay in filing the written statement)

1. This is an application filed by Defendants 1, 3 and 5 seeking condonation of delay in filing the written statement.

2. The application has been opposed by learned counsel for the Plaintiff by drawing attention of the Court to Section 16 read with the Schedule to The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act) in terms of which the second proviso to Order V Rule 1 as well as the proviso to Order VIII Rule 1 have both been substituted by the following proviso:-

“Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written