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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Premium Electronics – Appellant
Versus
Gaurav Sahni – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The petitioner, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, has assailed the legality and propriety of the order dated 09.12.2023, passed by the learned Presiding Judge, Exclusive Commercial Court, Gurugram, whereby the defence of the petitioner came to be struck off on account of the petitioner’s failure to file the written statement within the statutorily prescribed period.
2. The factual matrix, in brief, is that the respondent–plaintiff instituted a commercial suit seeking recovery of money. It is the case of the petitioner that notice of the said suit was allegedly served on 21.07.2025; however, the service was not effected in conformity with the requirements contemplated under the Companies Act, 2013, inasmuch as the notice was served at the residential address of proforma respondents No.2 and 3, rather than being duly effected upon the petitioner-company in the manner known to law. It is further asserted that neither the petitioner nor the said proforma respondents were personally served.
2.1. The petitioner thereafter entered appearance through counsel on 09.09.2025, whereupon the matter
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 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....
Point of Law : Honourable Supreme Court has held that amended provisions of Orders V and VIII of Code are mandatory.
The right to file a written statement is forfeited after 120 days unless justifiable grounds for extension are shown, requiring substantive reasoning recorded by the court.
The court emphasized that the extension of time to file the written statement must be justified and recorded in writing, and the defendant cannot claim an extension of time as a matter of course.
Cases should be considered and disposed of on merits rather than technicalities.
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