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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Yograjsinh Laljibhai Yadav – Appellant
Versus
Eco Emission Xchange Private Limited – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
The instant petition, filed under Article 227 of the Constitution of India, assails the order dated 04.10.2024 (Annexure P.12), passed by the Commercial Court, Gurugram, vide which the application filed by the petitioner-defendant, under Order 8 Rule 1 CPC, for condoning the delay in filing the written statement, was dismissed and the defence was struck off.
2. The facts, as emanating from the revision petition, are that a suit for recovery of Rs.4,29,73,098/- was instituted by respondent-plaintiff against the petitioner-defendant (Annexure P.1), in the Commercial Court, Gurugram.
3. Pursuant to notice having been issued for 01.08.2022 vide order dated 01.07.2022, the petitioner-defendant caused appearance on the said date. Since legible copies of the documents along with the plaint, had not been supplied to the petitioner-defendant, a request in this regard was made to the Court, which granted time to the respondent- plaintiff for the said purpose. The documents having been furnished on 22.10.2022, an application under Order 8 Rule 1 CPC, for condonation of delay in filing the written statement along with a copy of the written statement, was filed on 02.
Question of delay could not be re-agitated by means of the application under Order VIII Rule 1 CPC.
Timeliness in filing written statements is crucial; any delay beyond prescribed limits without an accompanying application for condonation is impermissible.
Point of Law : Delay in filing Written statement - Commercial Court dealing with a commercial suit had no discretion to condone delay and could not allow the written statement to be taken on record b....
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
Point of Law : provisions of the Commercial Courts Act, 2015 have to be strictly construed and if the provisions are given liberal interpretation, the object behind the enactment, of speedy disposal,....
A delayed written statement may be accepted if condoned by the court; however, errors in earlier decisions cannot be challenged without timely objection.
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....
A written statement filed beyond the statutory period requires a timely condonation application, and failure to provide sufficient grounds renders it inadmissible.
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