ORDER :

(P.D. Audikesavalu, J.) :

The instant reference placed before this Division Bench of the Court raises the following questions of law for determination :-

(i) Whether the outer time limit of 120 days for filing of Written Statement by a Defendant in a suit arising out of commercial dispute would also apply to filing of Written Statement by a Plaintiff in response to a Counter-Claim made by a Defendant in such suit?

(ii) If so, what would be the date from which the said period would have to be reckoned for filing of Written Statement by a Plaintiff to a Counter-Claim made by a Defendant?

2. A Learned Judge of this Court in M/s.CSCO LLC -vs- M/s.Lakshmi Saraswathi Spintex Limited (Order dated 28.01.2022 in A. No. 4791 of 2021 in C.S. No. 697 of 2017), who examined the said controversy, held as follows:-

“22. In the considered view of this Court, when it comes to filing a Written Statement for a counter claim, the same is specifically dealt with under Order VIII Rule 6-A(3) of CPC. In such cases, a duty has been cast upon the Court to fix the time limit. While fixing such time limits, the Court is guided by Order VIII Rule 9 of CPC., wherein the Court can fix a time limit of not more than 30 days for presenting the Written Statement for a counter claim. Even though leave is not required for filing a Written Statement for the counter claim, since it is a matter of right for the Plaintiffs, the Court can always fix a time limit for filing such a Written Statement. Hence, when a counter claim is filed by the Defendants, the Court has to specifically pass an order while taking the counter claim on file, directing summons to be served on the Plaintiffs or if the Plaintiff is represented by a counsel, directing the counsel to accept service of summons on behalf of the Plaintiff. The time limit for filing the Written Statement for the counter claim will commence only thereafter.

23. This Court on the original side is governed by the Madras High Court Original Side Rules. Order V Rules 2 to 5 of the Original Side Rules speaks about the procedure for filing the Written Statement for the counter claim and the time limit within which it has to be filed. However even under these rules, there is no rigid time limit for filing the Written Statement for the counter claim and discretion is given to the Court to extend the time for filing the Written Statement. These rules must also be kept in mind since there is nothing available under the amended provisions of CPC., governing the Commercial Division running contrary to these rules and which specifically deals with the time limit for filing the Written Statement for a counter claim. Some clarity is required to be given for a Written Statement filed by the Plaintiffs for the counter claim made by the Defendants since Order VIII Rule 1 of CPC., does not apply and it is only Order VIII Rule 6-A (3) which specifically provides for the Court to fix such period for filing the Written Statement. The Court while fixing such a time limit for filing the Written Statement, can always keep in mind the object behind the Commercial Courts Act and ensure that the Written Statement is filed within the mandatory period fixed for the Defendants. It will always be open to the Court acting under the Commercial Courts Act, to forfeit the right of the Plaintiffs if the Written Statement for the counter claim is filed beyond the time limit fixed by the Court, without showing sufficient cause.

24. The judgment of the Hon’ble Supreme Court in SCG Contracts (India) (P) Ltd. -vs- K.S.Chamankar Infrastructure (P) Ltd. [(2019) 12 SCC 210] specifically dealt with the scope of Order VIII Rule 1 r/w Order VIII Rule 10 of CPC. Therefore, the Apex Court was only dealing with the mandatory period fixed for filing a Written Statement by the Defendants. The time period for filing a Written Statement for the counter claim was not within the scope of the said judgment.

25. In view of the above discussion, this Court holds that the Prov