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MAHENDAR KUMAR GOYAL
Ocean Seven Buildtech Pvt. Ltd. – Appellant
Versus
Pacific Sprits Pvt. Ltd. – Respondent
ORDER :
Mr. Mahendar Kumar Goyal, J. - Although, the matter comes up on an application filed by the respondents No.1 & 3/defendants No.1 & 3 seeking vacation of ex parte interim order dated 17.10.2019; but, on the request of learned counsels for the respective parties, the writ petition is heard on its merit at this stage.
2. This writ petition under Article 227 of the Constitution of India assails the legality and validity of the order dated 10.07.2019 passed by the learned Commercial Court No.2, Jaipur Metropolitan, Jaipur in Civil Suit No.24/2019 whereby, the application filed by the respondents No.1 to 3/defendants No.1 to 3 to take the written statement on record, has been allowed qua the respondents No.1 & 3/defendants No.1 & 3 as ex parte proceeding was already drawn against the respondent No.2/defendant No.2.
3. The relevant facts in brief are that the petitioner/plaintiff (for brevity "the petitioner") filed a suit against the respondents No.1 to 4 for recovery of money in the Court of learned Additional District Judge No.1, Behror, Alwar (hereinafter referred to as "the learned ADJ") wherein, right of the respondents No.1 & 3 to file written statement was closed vide order d
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....
Section 148 CPC does not apply to the commercial court, even if accepted, the Commercial Court shall have power to provide a new time period for filing written statement under Section 15(4) of the Ac....
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....
Section 15 of Act, 2015 deals with transfer of pending cases.
The mandatory timeline of 120 days for filing a written statement in a commercial suit is not applicable to suits originally filed as ordinary suits and subsequently transferred as commercial suits t....
Timelines for filing written statements in commercial disputes may be adjusted by the court during transfer, rather than mandating strict adherence to previous civil procedure timelines.
The interpretation of procedural rules regarding the filing of written statements and the discretion of the court to permit filing beyond the stipulated period based on sufficient cause.
In commercial suits, a written statement filed beyond 30 days without a condonation application may not be accepted, emphasizing strict adherence to procedural timelines.
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