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N. V. ANJARIA, ANIRUDDHA P. MAYEE
Unimed Technologies Limited – Appellant
Versus
Stratus Foods Private Limited (In Liqn) – Respondent
JUDGMENT :
ANIRUDDHA P. MAYEE, J.
1. The present Special Civil Application challenges the orders dated 11.01.2021, 24.03.2021 and 08.07.2021 passed by learned Principal Senior Civil Judge, Halol below Exhs.11, 15, 16 and 17 respectively in Commercial Civil Suit No.1 of 2020 whereby the right of the petitioners herein to file the written statement in the said suit has been closed on the ground of limitation in terms of the provisions of Order VIII Rule 1 of the Code of Civil Procedure.
2. The brief facts leading to filing of the present Special Civil Application are as follows :-
2.1 That on 07.11.2020, Commercial Suit No.1 of 2020 came to be filed by the respondent–plaintiff herein for recovery of Rs.7,32,297/- along with 18% interest. Accordingly, the summons were issued and came to be served on all the petitioners– defendants on 23.11.2020. The petitioners herein put in their appearance pursuant to the service of summons.
2.2 That the respondent filed an application below Exh.11 praying to close the right of the petitioners to file the written statement alleging that 30 days period to file the written statement as prescribed under Order VIII Rule 1 was over.
2.3 By order dated 11.01.20
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