Classico Brands (India) Pvt. Ltd. vs MIS Stella Industries Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
C.HARI SHANKAR
Classico Brands (India) Pvt. Ltd. – Appellant
Versus
MIS Stella Industries Limited – Respondent

Table of Content
1. service of summons and written statement timelines. (Para 1)
2. cpc rules on written statement filing periods. (Para 2 , 3 , 4)
3. court's rejection of recall application and implications of delay. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11)
4. case remanded for reconsideration of filing date. (Para 12 , 13)
5. conclusion and final orders. (Para 14)

JUDGMENT

1. CS (Comm) 89/21 was filed by the respondent against the petitioner under the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act, 2015. Learned Counsel are ad idem that summons in the suit were served on the petitioner on 16th February 2022.

2. Oder VIII Rule 1 of the CPC stipulates 30 days from the date of service of summons as the time within which written statement may be filed in response to the suit. The proviso to Order VIII Rule 1 of the CPC, as substituted by the Commercial Courts Act, reads as under:

"Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the C

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