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