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SHALINDER KAUR
Sana Food Products – Appellant
Versus
Ashwmegh Spices Pvt. Ltd. – Respondent
JUDGMENT
1. The present petition has been preferred under Article 227 of the Constitution of India, assailing the Order dated 29.11.2021, passed by the learned District Judge, Commercial Court, Rohini, New Delhi (hereinafter referred as `learned Trial Court') in CS(COMM) 190 of 2019 titled as "M/s Ashwmegh Spices Pvt. Ltd. Vs M/s Sana Food Products" (hereinafter "Impugned Order") whereby the application filed by the petitioners under Order VIII Rule 1 read with Section 151 of the Code of Civil Procedure (hereinafter "CPC") seeking condonation of delay in filing the written statement was dismissed. The petitioners herein are the defendants and the respondent herein is the plaintiff before the learned Trial Court, which is pending adjudication.
2. The petitioner no.1 is a partnership firm dealing in the business of food products such as Namkeen etc. The petitioners no.2 & 3 are partners in the petitioner no.1 firm. The respondent on the other hand deals in various spices.
3. The petitioners herein approached the respondent in the year 2017 at the office of the respondent company and expressed their interest in supplying goods to the respondent for consideration on various occasions. Sub
Point of Law : provisions of the Commercial Courts Act, 2015 have to be strictly construed and if the provisions are given liberal interpretation, the object behind the enactment, of speedy disposal,....
A delayed written statement may be accepted if condoned by the court; however, errors in earlier decisions cannot be challenged without timely objection.
A written statement filed beyond the statutory period requires a timely condonation application, and failure to provide sufficient grounds renders it inadmissible.
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 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....
The main legal point established in the judgment is that in commercial suits, the court does not have the power to condone the delay in filing the written statement beyond 120 days from the date of s....
In commercial suits, a written statement filed beyond 30 days without a condonation application may not be accepted, emphasizing strict adherence to procedural timelines.
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
Timeliness in filing written statements is crucial; any delay beyond prescribed limits without an accompanying application for condonation is impermissible.
The limitation period for filing a written statement was extended during the COVID-19 pandemic, acknowledging extraordinary circumstances that require courts to prioritize access to justice.
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