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ASHUTOSH SHASTRI, J. C. DOSHI
Messers AKB Textile Engineer – Appellant
Versus
Gupta Syntax Private Limited – Respondent
JUDGMENT :
J.C. Doshi, J.
1. In the facts and circumstances of the case and with the consent of learned advocates appearing for both the sides, this petition filed under Article 227 of the Constitution of India is taken up for hearing today.
2. By way of this petition, the petitioner has challenged common order passed below Exhs.15 and 17 in Commercial Civil Suit No.1561 of 2021, whereunder, learned City Civil Court No.8, Ahmedabad sitting in a jurisdiction of commercial Court under the Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (in short “Commercial Court Act”) declined to extend the time period of filing the written statement.
3. Brief facts of the case are that the petitioner is doing the business of manufacturing digital screen matching system etc. Perusing its quotation, the respondent got ready to buy said machine from the petitioner for Rs.18,66,365/-. As a token, Rs.2,01,000/- was paid and thenafter, in intervals, total Rs.10,12,000/- was paid, whereas Rs.8,54,375/- is still to be paid on the ground that the machine purchased by the respondent from the petitioner was not working properly. Thereafter, without the consent of the petitioner, the
The main legal point established in the judgment is the strict adherence to time limits for filing written statements in commercial suits as mandated by the Commercial Court Act and the amendments to....
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 the requirement for the defendant to file the written statement within the prescribed period, the consequences of failing to do so, and the applica....
The Supreme Court's orders extending the period of limitation in the wake of the COVID-19 pandemic applied to the filing of written statements, entitling the defendant to the relaxation available und....
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.
Mandatory provision of filing written statement within 120 days from receipt of summons in case of a commercial suit will not be applicable in case of a transferred suit.
The court established the discretion of the Commercial Court in accepting written statements in transferred suits and highlighted the applicability of the Commercial Courts Act, 2015 to suits filed b....
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