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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Basant Balaji,J
Capital Retreat Private Limited – Appellant
Versus
Gopakumar B. Nair, S/o Late Balakrishnan Nair – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3) |
| 2. rules for filing written statements in commercial suits. (Para 4 , 5) |
| 3. arguments regarding the applicability of cpc provisions. (Para 6 , 7 , 8 , 9) |
| 4. counterarguments from the respondent. (Para 10 , 11 , 12 , 13) |
| 5. analysis of procedural timelines in commercial suits. (Para 14 , 15 , 16 , 17) |
| 6. conclusion and orders on filed applications. (Para 18 , 19 , 20 , 21) |
JUDGMENT :
BASANT BALAJI, J.
The question that arise for consideration in this Original Petition is whether the defendant can forfeit the right to file a written statement, if the same is not filed within 120 days from the date of service of summons.
2. The petitioner is the defendant in C.S.No.73 of 2021 on the files of Principal Sub Court, Thiruvananthapuram. The respondent filed the suit under Section 26 read with Order 37 Rules 1 and 2 CPC read with Section 6 of the COMMERCIAL COURTS ACT , 2015 (for short 'the C.C.Act'), for the realisation of an amount of Rs.5,03,79,000/- from the defendant, together with future interest at the rate of 18% p.a., from the date of institution of the suit till realisation. On receipt of summons, the petitioner entered app
Defendants in commercial suits forfeit the right to file a written statement if not submitted within 120 days from the service of summons, as per amendments in the Commercial Courts Act.
Defendants must file a formal application to extend time for the written statement beyond thirty days, as failure to do so results in forfeiture of the right to file.
(1) Written statement in a commercial suit – Limitation period – Power, authority and jurisdiction of Court to extend time to file written statement mandatorily ceases after said mandated 120 days.(2....
The court emphasized that the extension of time to file the written statement must be justified and recorded in writing, and the defendant cannot claim an extension of time as a matter of course.
The right to file a written statement is forfeited after 120 days unless justifiable grounds for extension are shown, requiring substantive reasoning recorded by the court.
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 mandatory timeframe for filing a written statement is reset when service of summons does not include a copy of the plaint, thereby allowing acceptance of the written statement if filed within 120....
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