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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice V. LAKSHMINARAYANAN
Thw International Unit-I – Appellant
Versus
Meghdoot Export Import Pvt. Ltd. – Respondent
ORDER :
This civil revision petition arises against the proceedings of the learned District Judge, Commercial Court, Chennai, in C.O.S.No.131 of 2023.
2.The parties shall be referred to as per their respective ranks in the suit.
3.The civil revision petitioner is the sole defendant in C.O.S.No.131 of 2023. The claim of the plaintiff is that it had supplied materials, during the ordinary course of business, to the defendant. The goods were supplied at Vaniyambadi. The defendant did not pay the amounts due, under all, the invoices. Hence, the plaintiff presented the suit seeking for recovery of a sum of Rs.58,56,527/- together with interest at the rate of 18% per annum on the principal sum of Rs.29,93,851/-.
4.Summon was served on the defendant. Originally, he engaged a counsel, who did not file a written statement. Thereafter, a new counsel was engaged, who presented an application, to condone the delay in filing the written statement, along with the written statement.
5.The learned Commercial Judge came to a conclusion that though the defendant had been served with summons on 10.06.2023, he came forward with the written statement only on 10.10.2023. In addition, a petition to condone th
The conditions imposed by the court for filing a written statement in commercial disputes must be reasonable to uphold the defendant's right to a fair hearing.
In commercial suits, a written statement filed beyond 30 days without a condonation application may not be accepted, emphasizing strict adherence to procedural timelines.
Point of Law : Honourable Supreme Court has held that amended provisions of Orders V and VIII of Code are mandatory.
The main legal point established in the judgment is that in commercial suits, the court does not have the power to condone the delay in filing the written statement beyond 120 days from the date of s....
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
Section 15 of Act, 2015 deals with transfer of pending cases.
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 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....
In non-commercial disputes, the timelines for filing a written statement are directory, allowing court discretion to grant extensions.
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