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TUSHAR RAO GEDELA
Unic Healthcare – Appellant
Versus
Pneumo Care Health Pvt. Ltd. – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Petitioner challenges the order dated 08.02.2023 in CS (COMM) No. 465/22 titled as "Pneumo Care Health Pvt. Ltd. vs. Unic Healthcare", whereby the learned Trial Court has foreclosed the right of the petitioners/defendants to file their written statements on the ground that the same was filed beyond 120 days, as stipulated under Order VIII Rule 1 of the CPC, 1908 as amended by Commercial Courts Act, 2015.
2. As per the submissions of Mr. Sudhir Kumar Sharma, learned counsel appearing for the petitioner, the written statement was filed through an email addressed to the concerned court on 24.12.2022 at 08:00 pm in the evening. On that basis, Mr. Sharma, learned counsel submits that the written statements were filed within 120 day period, as stipulated by the Code.
3. Learned counsel submits that even otherwise, the time would have expired only on 02.01.2023 and, if reckoned from 24.12.2022 at 08:00 pm, such filing ought to have been considered as if filed on 02.01.2023. Reckoned in such manner, even otherwise the filing of the written statement would have been within the stipulated period
Cases should be considered and disposed of on merits rather than technicalities.
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 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.
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 Supreme Court's orders extending the period of limitation in the wake of the COVID-19 pandemic applied to the filing of written statements, entitling the defendant to the relaxation available und....
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.
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.
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