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DELHI HIGH COURT
ASHA MENON
Ok Play India Pvt. Ltd. – Appellant
Versus
A.P. Distributors – Respondent
| Table of Content |
|---|
| 1. review petition seeks reconsideration of previous order. (Para 1 , 2) |
| 2. arguments challenge previous findings on procedural compliance. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. clarification of review standards and application of procedural rules. (Para 12 , 13 , 15 , 17 , 18 , 19 , 21 , 22 , 23) |
| 4. review petition dismissed with costs imposed. (Para 24) |
JUDGMENT
Asha Menon, J.
REVIEW PET. 131/2021 & CM No.28320/2021 (by the respondents under Section 151 CPC for stay)
1. This review petition has been filed by the applicants/respondents seeking review of the order dated 17th August, 2021 passed in CM(M) 346/2020 which had been filed under Article 227 of the Constitution of India against the order dated 26th November, 2019 passed by the learned Additional District Judge-1(South East), Saket Court, New Delhi in CS(COMM) 81/2018. For convenience and clarity, the non-applicant (M/S OK PLAY INDIA PVT. LTD.) shall be described as non- applicant/petitioner whereas the applicants of this review petition (A.P. DISTRIBUTORS & ANR.) shall be referred to as applicants/respondents.
2. The facts that are relevant for the disposal of this review petition may be briefly stated.
The court reiterated that strict compliance with procedural timelines for filing written statements and condonation applications is essential in commercial litigation.
A delayed written statement may be accepted if condoned by the court; however, errors in earlier decisions cannot be challenged without timely objection.
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 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....
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 written statement filed beyond the statutory period requires a timely condonation application, and failure to provide sufficient grounds renders it inadmissible.
The mandatory nature of the amended provision of Order VIII Rule 1 of the Code of Civil Procedure, 1908, and the consequences of non-filing of the written statement, as well as the requirement for th....
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....
The main legal point established is that while the time schedule for filing a written statement should generally be honored, exceptional situations may warrant an extension to ensure a fair trial and....
The court reinforced that the obligation to file a written statement timely is critical, and mere claims of non-service of summons do not justify excessive delays.
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