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TUSHAR RAO GEDELA
Royalgolf Link City Projects Pvt. Ltd. – Appellant
Versus
Times Innovative Media Ltd. – Respondent
JUDGMENT :
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
1. Petitioner challenges the order dated 17.11.2022 in CS (COMM) 1/20 titled “Times Innovative Media Ltd. Vs Royal Golf Link City Projects Pvt. Ltd.”, whereby the learned Trial Court has dismissed the application seeking condonation of delay in filing the written statement on behalf of the petitioner Nos. 1 to 3, who were the defendants before the learned Trial Court, as a result the right to file written statement also was closed.
2. Learned counsel submits that the delay which has occasioned is only of five days and was due to the reasons of intermediate festivals having intervened and the detailed ledger account, which were required to be looked into for filing the written statement, apart from the fact that there was a theft in the office of the petitioner, disabled the petitioner from filing the written statement on time.
3. Learned counsel submits that though no doubt, this is a Commercial Suit, yet the delay is not such, that it cannot be condoned. He submits that in the interests of justice, the exercise of jurisdiction for condonation of such a small delay could have been undertaken by the
Filing of a written statement in civil suits must adhere strictly to the timelines stipulated under the Code of Civil Procedure, with no allowance for delay beyond 120 days under the Commercial Court....
Cases should be considered and disposed of on merits rather than technicalities.
Point of Law : provisions of the Commercial Courts Act, 2015 have to be strictly construed and if the provisions are given liberal interpretation, the object behind the enactment, of speedy disposal,....
The Court highlighted the strict adherence to statutory timelines under the Commercial Courts Act for filing written statements, referencing precedent that restricts granting extensions.
Timeliness in filing written statements is crucial; any delay beyond prescribed limits without an accompanying application for condonation is impermissible.
Cases should be considered and disposed of on merits rather than technicalities, and the delay in filing the written statement should not prevent the defendant from entitlement to file it.
A written statement filed beyond the statutory period requires a timely condonation application, and failure to provide sufficient grounds renders it inadmissible.
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