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TUSHAR RAO GEDELA
Wave – Appellant
Versus
Ddex – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. The petitioner challenges the order dated 16.02.2023 in CS DJ No. 1540/2018 titled M/s. DDEX, A proprietorship Firm Through Deepak Dhawan Vs. M/s. Wave Through Its Proprietor Kumar Chugani whereby the application seeking reopening of the right to file a written statement in a suit filed under the Commercial Courts Act, 2015 was dismissed.
2. Learned counsel appearing for the petitioner submits that though the petitioner was served in the month of July, 2021, however, no copy of the suit or documents appended thereto were served upon the defendant.
3. Learned counsel submits that on 16.08.2021, learned counsel on behalf of the petitioner had appeared, however, due to the disturbance on the video conferencing facilities, could not appropriately address the Court. Learned counsel submits that thereafter on 30.09.2021 till 05.08.2022 learned erstwhile Presiding Officer had superannuated and no new Judicial Officer was appointed to the particular court till 05.08.2022.
4. Learned counsel submits that even on 05.08.2022, learned Presiding Officer was on leave. Learned counsel further submit
Strict application of time lines specified in the Commercial Courts Act, 2015 and the requirement for the petitioner to demonstrate taking appropriate steps to safeguard its interest.
Cases should be considered and disposed of on merits rather than technicalities.
The central legal point established in the judgment is the discretion of the courts to permit defendants to file their written statements and the need to decide suits on merits rather than technicali....
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 court ruled that a party's right to file a written statement should not be denied due to delay, provided costs are imposed, emphasizing the importance of a fair trial.
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.
The main legal point established is that the right to file a written statement in a civil suit may extend beyond the prescribed period, as supported by the Code of Civil Procedure, 1908 and relevant ....
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