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PRATEEK JALAN
Sunil Kumar Gupta – Appellant
Versus
Vatsal Mittal – Respondent
JUDGMENT
Prateek Jalan, J. - The petitioner, who is the defendant in CS (Comm) 276/2020 pending before the District Judge, Commercial Court-01, Shahdara, Karkardooma Court, Delhi, assails an order dated 10.01.2022 by which the Trial Court has taken his written statement off the record on the ground of delay.
2. The plaintiff-respondent filed a suit for recovery of a sum of ?6,40,801/- alongwith pendente lite and future interest on 22.02.2020. although there is some controversy with regard to the date of service of summons, the defendant's own case is that the summons were served on 23.03.2021. The written statement was, however, filed only on 26.08.2021, after lapse of the maximum period contemplated under Order VIII Rule 1 of the Code of Civil Procedure, 1908 ['CPC'], as it applies to commercial courts.
3. The defendant made an application under Order VIII Rule 1 of the CPC for condonation of 35 days' delay in filing of the written statement. The grounds taken were that the parties had been referred to mediation on 23.03.2021, the very date when the summons were served upon him. The parties were referred back to the Court on 19.07.2021. It was also stated that in the course of COVID-
The Supreme Court's orders extending the period of limitation in the wake of the COVID-19 pandemic applied to the filing of written statements, entitling the defendant to the relaxation available und....
The limitation period for filing a written statement was extended during the COVID-19 pandemic, acknowledging extraordinary circumstances that require courts to prioritize access to justice.
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....
(1) Extension of period of limitation – Legal effect and coverage of Orders passed by Apex Court in SMWP No. 3 of 2020 cannot be unnecessarily narrowed – Having regard to their purpose and object, fu....
Period of limitation – Under 23.03.2020 Order by Supreme Court, in case limitation had expired after 15.03.2020, period between 15.03.2020 and lifting of lockdown in jurisdictional area would be exte....
The court may condone delays in filing written statements due to extraordinary circumstances, such as the Covid-19 pandemic, emphasizing the need for flexibility in applying limitation laws.
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 main legal point established in the judgment is the strict adherence to time limits for filing written statements in commercial suits as mandated by the Commercial Court Act and the amendments to....
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