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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Right Step Media Services Private Ltd., represented through its Director Rajendra Swami @ Rajendra Kumar Swami – Appellant
Versus
Fast Communication, represented through its Proprietor Trinayan Rath – Respondent
| Table of Content |
|---|
| 1. parties enter suit and procedural delays. (Para 1 , 2 , 3) |
| 2. mandatory nature of written statement deadlines. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. validity of accepted written statement within service timeline. (Para 11) |
| 4. court's order to accept defendants' written statement. (Para 12 , 13) |
JUDGMENT :
B.P. Routray, J.
1. Heard Mr. D.P. Mohanty, learned counsel for the Petitioners and Mr. B. Bhuyan, learned senior counsel along with Mr. S.S. Bhuyan, learned counsel for the Opposite Parties.
2. Present CMP is directed against impugned order dated 25th October, 2024 of learned Senior Civil Judge (Commercial) Court, Cuttack passed in C.S. (III) No.255 of 2019, wherein the prayer of the Defendants to accept their written statement has been rejected.
3. Opposite Parties – Plaintiffs filed the suit in the year 2019 but the summons on the Defendants (present Petitioners) could not be made sufficient till 2023. As a result of non-service of summons on the Defendants in regular course, the substituted service of notice by way of paper publication was made on 9th February, 2023, fixing the date of appearance to 20th March, 2023. On 20th March, 2023 the Defendants were set ex-par
The mandatory timeframe for filing a written statement is reset when service of summons does not include a copy of the plaint, thereby allowing acceptance of the written statement if filed within 120....
Written statement – Failure to file written statement within stipulated period or even extended period cannot to be detrimental to interest of defendant – Procedures are handmaid of justice and provi....
(1) Written statement in a commercial suit – Limitation period – Power, authority and jurisdiction of Court to extend time to file written statement mandatorily ceases after said mandated 120 days.(2....
Defendants must file a formal application to extend time for the written statement beyond thirty days, as failure to do so results in forfeiture of the right to file.
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 commercial suits, written statements within 120 days from valid summons service (with plaint copy) must be accepted; extensions lean towards condonation if justified; procedural timelines subservi....
Section 15 of Act, 2015 deals with transfer of pending cases.
Defendants in commercial suits forfeit the right to file a written statement if not submitted within 120 days from the service of summons, as per amendments in the Commercial Courts Act.
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