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TUSHAR RAO GEDELA
Ramesh Pal Mehta – Appellant
Versus
Adani Wilmar Ltd. – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 5022/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 167/2023 & CM APPL. 19650/2023 (for stay)
3. Petitioner challenges the order dated 13.07.2022 in CS(COMM.) 354/2021 titled as "Adani Wilmar Ltd. vs. M/s Marv Global Services" whereby the learned Trial Court had dismissed the application under Section 5 of the Limitation Act, 1963 r/w Order VIII Rule 1 of the CPC, 1908 seeking condonation of delay in filing the written statement.
4. Learned counsel appearing for the petitioner submits that, no doubt that the written statement had been filed on 12.07.2022, which was beyond the prescribed period of 120 days so far as commercial suits are concerned. However, learned counsel submits that since the suit for rendition of accounts, as also recovery of the sums due, against the respondent, was filed by the petitioner on 01.04.2021, which was in the knowledge of the respondent, principles of Section 10 of CPC, 1908 would apply to the present suit, which was not considered by the learned Trial Court while passing th
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.
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 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 time limit for filing the written statement under Order VIII Rule 1 of CPC is not mandatory for suits not governed by the Commercial Court Act, 2015, as established in the judgment of 'Kailash V.....
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....
The Commercial Courts Act brings about a substantial change in the provisions relating to the period of filing of the written statement and the power of the Court to condone the delay in filing of th....
The main legal point established in the judgment is the strict adherence to time limits for filing written statements in commercial suits as mandated by the Commercial Court Act and the amendments to....
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, 1908, and the Commercial Courts Act 2015, regarding the filing of written statements and the exten....
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