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TUSHAR RAO GEDELA
Ritesh Chauhan – Appellant
Versus
Arcing Solutions India Pvt. Ltd. – Respondent
JUDGMENT :
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
CAV 130/2023
1. Since the counsel for the respondent enters appearance, the caveat stands discharged.
CM APPL. 12208/2023 (for exemption)
2. Exemption is allowed, subject to all just exceptions.
3. The application stands disposed of.
CM(M) 409/2023 & CM APPL. 12207/2023 (for stay)
4. Petitioner challenges the order dated 16.01.2023 in CS (COMM) No. 304/2021 titled as “Arcing Solutions India Private Limited vs. Ritesh Chauhan”, whereby the application under Section 5 of the Limitation Act seeking condonation of delay in filing the written statement filed on behalf of the petitioner/ defendant was dismissed and written statement was taken off record. Simultaneously, the learned Trial Court also struck off the defense of the petitioner/ defendant.
5. Learned counsel appearing for the petitioner submits that vide order dated 28.08.2021, the learned Trial Court had passed orders issuing process. Learned counsel invites attention of the Court to the endorsement of the postal authorities dated 17.09.2021 on the envelope placed at page 204 of the present petition, to the effect that the addressee is not availabl
The main legal point established is the balancing of the exemption from the Limitation Act with the party's diligence in taking steps on time.
The central legal point established in the judgment is the entitlement to the benefit of the suspension of limitation as per the judgment of the Hon'ble Supreme Court, allowing the condonation of del....
The court emphasized the importance of considering the amnesty period granted by the Supreme Court for filing various pleadings and held that there was no valid reason to refuse to take the written s....
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....
Extension of limitation period and effective service date for filing written statement under the Commercial Courts Act, 2015.
Timely filing of pleadings and applications is crucial under the Commercial Courts Act, and pleadings filed beyond the prescribed period are non-existent in law unless taken on record.
The main legal point established in the judgment is that the time limit for filing a written statement under the Civil Procedure Code should be treated as directory, and the court should balance the ....
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