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TUSHAR RAO GEDELA
Machine Tools Aids India – Appellant
Versus
GNC Infra Llp – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
1. Petitioner impugns order dated 15.10.2022, passed by the Trial Court in CS (Comm) - 350/2020 titled as M/s. GNC INFRA VS. M/s Machine Tools Aids (India) & Anr., whereby, while allowing the application under Order VIII Rule 10 of Civil Procedure Code, 1908 filed by the respondent/plaintiff, the Court had simultaneously dismissed the application under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) filed by the Petitioner/ Defendant no.1, foreclosing the right of Petitioner to file Written Statement.
BRIEF BACKGROUND OF THE CASE:
2. Shorn of unnecessary details on merits of the case, which is yet to be adjudicated by the Trial Court, this Court, confines its consideration only to the facts which led to the impugned order. The relevant facts as culled out from Trial Court records are as follows:-
b.) Proceedings were i
The strict and mandatory nature of the timelines for filing a written statement in commercial suits, as per the provisions of the Commercial Courts Act, 2015 and the amended provisions of the Code of....
Written statement – Failure to file written statement within stipulated period or even extended period cannot to be detrimental to interest of defendant – Procedures are handmaid of justice and provi....
The appearance of an Advocate and filing of a Vakalatnama by him could not dispense with the requirement of service of summons. The time to file written statement commences only after service of the ....
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....
Defendants must file a formal application to extend time for the written statement beyond thirty days, as failure to do so results in forfeiture of the right to file.
In commercial suits, written statements within 120 days from valid summons service (with plaint copy) must be accepted; extensions lean towards condonation if justified; procedural timelines subservi....
The timeline for filing a written statement in commercial suits starts from the date the plaintiff rectifies any court fee deficiencies, ensuring fairness and equity in the judicial process.
The court held that procedural unfairness due to technical irregularities can justify allowing the filing of Written Statements after delays, emphasizing the importance of justice over procedural str....
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