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TUSHAR RAO GEDELA
Parmeshwar Jana – Appellant
Versus
Lakhan Singh – Respondent
JUDGMENT :
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode] CM APPL. 2947/2023 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 89/2023 & CM APPL. 2946/2023
3. Petitioner challenges the order dated 20.10.2022 in CS (COMM.) No. 393/2021 titled as “Shri Lakhan Singh vs. Shri Parmeshwar Jana”, passed by the learned Trial Court closing the right to file the written statement since the same was not filed within 120 days as prescribed under the law.
4. Mr. Gautam, submits that the impugned order does not take into consideration the fact that the Hon’ble Supreme Court in Prakash Corporates Vs. Dee Vee Projects Limited reported as (2022) 5 SCC 112 has granted liberty to the similarly situated persons to file their written statement even beyond 120 days as contemplated under the Commercial Courts Court, for the reason of pandemic situation as prevailed in the country.
5. Learned Counsel further submits that the learned Trial Court did not consider the fact that even as on 04.03.2022, it had granted 4 weeks to the petitioner to file the written statement.
6. Learned counsel further submits that the learned Trial
The Court highlighted the strict adherence to statutory timelines under the Commercial Courts Act for filing written statements, referencing precedent that restricts granting extensions.
The importance of serving the copy of the plaint along with the summons and the need for cogent reasons to extend the time for filing the written statement in commercial suits.
Cases should be considered and disposed of on merits rather than technicalities.
The court emphasized that the extension of time to file the written statement must be justified and recorded in writing, and the defendant cannot claim an extension of time as a matter of course.
The right to file a written statement is forfeited after 120 days unless justifiable grounds for extension are shown, requiring substantive reasoning recorded by the court.
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....
Time stipulations under the Commercial Courts Act, 2015 are mandatory and lack of a bona fide explanation for non-compliance can lead to forfeiture of the right to file a written statement.
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