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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
N.V.ANJARIA, ANIRUDDHA P. MAYEE, JJ.
Unimed Technologies Limited – Appellant
Versus
Stratus Foods Private Limited (In Liqn) – Respondent
R/Special Civil Application No. 15331 of 2021
Decided on : 21-01-2022
Constitution of India, 1950 – Article 141 – Civil Procedure Code, 1908 – Order VIII Rule 1 – Law of limitation – Extension of Limitation – Aggrieved by aforesaid three orders, petitioners have preferred present Special Civil Application praying reliefs – Held, Accordingly, Court set aside impugned orders passed by learned Principal Senior Civil Judge, Halol below Exhs.11, 15, 16 and 17 respectively in Commercial Civil Suit No.1 of 2020 – Court further hold that petitioners are entitled to benefit of extension of limitation in terms of order passed Hon’ble Apex Court in Miscellaneous Application in Miscellaneous Application in Suo Motu Writ Petition (C) No.3 of 2020 In Re: Cognizance for Extension of Limitation for filing their written statement – Court accordingly direct that written statement of petitioners herein be taken on record on next date of hearing before trial court – Matter shall thereafter be proceeded expeditiously and in accordance with law – Application allowed.
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 11.01.2021 below Exh.11, the learned trial court was pleased to allow the application below Exh.11 and closed the right of the petitioners to file the written statement since it was not filed within the period of 30 days as prescribed under Order VIII Rule 1 of the Code of Civil Procedure.
2.4 That the petitioners filed an application immediately on the same day seeking to reopen their right to file the written statement. By order dated 24.03.2021, the said application below Exh.15 for reopening of their right to file the written statement came to be dismissed. The learned trial court observed that after passing of the order below Exh.11 closing the right of the petitioners to file the written statement after expiry of 30 days as prescribed, the advocate for the petitioners did not remain present on 04.02.2021 and 19.03.2021. The conduct of the petitioners and oral submission of learned advocate for the petitioners that due to increasing cases of Covid-19 corona virus and impediment of second wave, the written statement could not be filed within time did not find favour with the trial court.
2.5 Aggrieved, the petitioners thereafter preferred another application below Exh.16 dated 28.06.2021 seeking and praying to reopen their right to file the written statement in view of second wave of Covid-19 having subsided. Pending the application below Exh.16, the petitioners moved another application below Exh.17 making a prayer for reopening their right to file the written statement since no orders were passed on Exh.16 application. Both applications Exh.16 and Exh.17 came to be decided by a common order dated 08.07.2021 whereby the learned trial court rejected the said applications holding that the petitioners had suppressed the fact about the order passed below Exh.15.
2.6 Aggrieved by the aforesaid three orders, the petitioners have preferred the present Special Civil Application praying for the following reliefs :-.
(B) that pending the hearing and final disposal of this petition, the Hon’ble Court be pleased to stay operation, implementation and execution of orders dated 11.01.2021, 24.03.2021 and 08.07.2021 passed by the learned Principal Senior Civil Judge, Halol below Exhibit 11, 15, 16 and 17 respectively in Commercial Suit No. 1 of 2020;
(C) that pending the hearing and final disposal of this petition, the Hon’ble Court be pleased to stay further proc
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