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TUSHAR RAO GEDELA
Shivam Corporation India – Appellant
Versus
Kalyani India Pvt Ltd. – Respondent
JUDGMENT :
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
CM APPL. 11596/2023 (Exemption)
1. Exemption allowed subject to all just exceptions.
2. Application stands disposed of.
CM(M) 388/2023 & CM APPL. 11595/2023 (Stay)
3. The petitioner challenges the orders dated 13.10.2022 and 29.11.2022 in CS (COMM) No. 616/2019 titled ‘M/s. Shivam Corporation India Vs. M/s. Kalyani India Pvt. Ltd.’ whereby the learned Trial Court while dismissing the application under Order VIII Rule 10 CPC, 1908 filed by the petitioner/plaintiff simultaneously took on record the written statement which was stated to be filed beyond time.
4. Learned counsel appearing for the petitioner/plaintiff submits that respondents were admittedly served on 05.04.2022 and 14.04.2022. Learned counsel submits that on 19.04.2022, the respondents had entered appearance and sought a copy of the plaint to which the learned counsel appearing for the petitioner/plaintiff assured that would be supplied with an hour. It was only on 06.07.2022, the petitioner/plaintiff supplied a copy of the plaint to the defendants. Learned counsel submits that time was again sought by the respondents/defendant on 13.09.202
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 requirement for the defendant to file the written statement within the prescribed period, the consequences of failing to do so, and the applica....
The main legal point established in the judgment is the interpretation and application of the time period for filing pleadings as per the Commercial Courts Act, 2015, and the relevance of the judgmen....
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....
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