BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.Vijayakumar, J
Arunachala Impex Pvt.Ltd. – Appellant
Versus
Shadiram and Sons Pvt.Ltd. – Respondent
ORDER :
R.Vijayakumar, J.
These two revision petitions have been filed by the defendants in O.S.No.88 of 2019 on the file of the Principal District Court, Thoothukudi.
(A)Factual Matrix:
2.A perusal of the plaint averments reveals that the defendants in the suit have entered into a contract at Thoothukudi for purchase of 2643 bags of laird yellow lentils and 2440 bags of Eston yellow lentils from Thoothukudi godown. After lifting the cargo, since the payment was not paid, the suit has been filed for recovery of the above said amount.
3.The respondent herein had filed the above said suit for the relief of recovery of money for a sum of Rs.49,38,820/- from the defendants with future interest at the rate of 12% per annum and for payment of cost.
4.CRP(MD).No.7 of 2025 has been filed challenging the dismissal of an application filed by the defendants under Order 7 Rule 11 of C.P.C to reject the plaint. CRP(MD).No.8 of 2025 has been filed by the defendants challenging the allowing of an application filed by the plaintiff under Order 5 Rule 1 of the Commercial Courts Act 2015 wherein the trial Court has passed an order forfeiting the rights of the defendants to file a written statement. The wr
The court ruled that defendants cannot forfeit their right to file a written statement due to the court's failure to clearly communicate the commercial nature of the suit, emphasizing the need for pr....
The court held that failure to inform defendants of the commercial nature of the suit led to their inability to file a timely written statement, which was unjust and warrants restoration of rights.
Section 15 of Act, 2015 deals with transfer of pending cases.
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....
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 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....
Point of Law : Honourable Supreme Court has held that amended provisions of Orders V and VIII of Code are mandatory.
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 timeline for filing a written statement in commercial suits starts from the date the plaintiff rectifies any court fee deficiencies, ensuring fairness and equity in the judicial process.
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