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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Dream And Love Hospitality Pvt. Ltd. – Appellant
Versus
Zoladel Impex Private Limited – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 27.01.2025 (Annexure P-7) passed in Commercial Civil Suit no.91 of 2024 by the Additional District Judge-cum-Special Judge, Commercial Court, Gurugram, vide which it has been observed that the written statement filed by the petitioner in commercial suit after a period of 120 days cannot be read and considered as part of pleadings.
ARGUMENTS ON BEHALF OF THE PETITIONER
2. Learned counsel for the petitioner has submitted that in the present case vide order dated 20.12.2024 one more opportunity was granted to the petitioner to file written statement on or before the date fixed i.e., 27.01.2025 and the same was subject to cost and in compliance to the said order dated 20.12.2024, the petitioner had filed the written statement on 27.01.2025 but the Commercial Court vide order dated 27.01.2025 had observed that the said written statement could not be considered to be a part of the pleadings, as the petitioner-defendant had forfeited its right to file the written statement on completion of 120 days from the date of service. It is submit
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....
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 amended provision allowing 120 days to file a written statement under the CPC is applicable, and dismissal on procedural grounds without considering such amendment is unreasonable.
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....
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 is that the doctrine of relation back can be applied to deem a written statement as filed within the limitation period, considering the circumstances preventing its t....
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....
(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....
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