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DELHI HIGH COURT
AMIT BANSAL
TPS Infrastructure Limited – Appellant
Versus
Ranchi MSW Pvt. Limited – Respondent
JUDGMENT
Amit Bansal, J. (Oral)
I.A. 4616/2021 (O-VIII R-1 of CPC)
1. The present application has been filed on behalf of the defendant no.1 under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) seeking condonation of delay in filing written statement. Notice in this application was issued on 26th March, 2021. Reply has been filed on behalf of the plaintiff opposing the present application.
2. The relevant facts for deciding the present application are set out hereunder:
2.1. On 10th February, 2020, summons in the suit were served on the defendant no.1.
2.2. On 11th March, 2020, the 30 days period prescribed for filing of written statement expired.
2.3. On 9th June, 2020, the condonable period for filing written statement in terms of second proviso to Order VIII Rule 1 of the CPC expired.
2.4. On 17th October, 2020, the written statement was filed on behalf of the defendant no.1 along with affidavit of admission/denial of documents.
2.5. On 18nd March, 2021, the present application was filed seeking condonation of delay in filing written statement.
3. Counsel for the defendant no.1 relies upon various orders passed by the Supreme Court in Suo Motu W
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.
The court may condone delays in filing written statements due to extraordinary circumstances, such as the Covid-19 pandemic, emphasizing the need for flexibility in applying limitation laws.
A suit based on the enforcement of intellectual property rights falls within the definition of 'commercial dispute' under the Commercial Courts Act.
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.
In commercial suits, written statements within 120 days from valid summons service (with plaint copy) must be accepted; extensions lean towards condonation if justified; procedural timelines subservi....
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 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....
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