Back
TUSHAR RAO GEDELA
Mukesh Kumar – Appellant
Versus
Mother Dairy Fruit Vegetable Pvt. Ltd. – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 52869/2022 & CM APPL. 52870/2022 (Exemption)
1. Exemption allowed subject to all just exceptions.
2. Applications stand disposed of.
CM(M) 1370/2022 & CM APPL. 52868/2022 (Stay)
3. With the consent of the parties, the present petition is taken up for final disposal.
4. The petitioner challenges the order dated 26.09.2022 in CS DJ No. 163/2019 titled "M/s. Mother Dairy Fruit and Vegetable Pvt. Ltd. Vs. Mukesh Kumar" whereby the learned Trial Court has forfeited the right of the petitioner/defendant to file its written statement on the basis that the stipulated period of 120 days from the date of service were already over as prescribed by the Commercial Courts Act, 2015 amending the Code of Civil Procedure, 1908.
5. Mr. Pandey, learned counsel appearing for the petitioner submits that the only ground on which the petitioner could not file the written statement was that the petitioner/defendant was a heart patient who had suffered a heart attack and is still under treatment and for that reason he was unable to give instructions to the advocate to file written statement on his behalf
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.
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 court affirmed that defendants lose the right to file a written statement if not submitted within the prescribed 120 days, highlighting the necessity of adhering to procedural timelines in commer....
The judgment emphasized the mandatory nature of the provisions of the Commercial Courts Act regarding the time period for filing a written statement in Commercial Suits, and the consequences of faili....
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 Court highlighted the strict adherence to statutory timelines under the Commercial Courts Act for filing written statements, referencing precedent that restricts granting extensions.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
