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SUJOY PAUL, BINOD KUMAR DWIVEDI
Telecommunications Consultants India Limited Through Its Joint General Manager (Civil) New Delhi – Appellant
Versus
Rajendra Singh Kiledar Construction Private Limited, Through Director Raghvendra Singh Kiledar Bajar Chouk Bhaisdehi Tehsil Bhaisdehi Jila Betul (Madhya Pradesh) – Respondent
ORDER
1. This petition filed under Article 227 of the Constitution takes exception to the order dated 13.09.2022 whereby the Commercial Court, Bhopal declined to take the written statement of the petitioner on record by holding that it is filed with undue delay.
2. The admitted facts between the parties are that the respondent/ plaintiff filed a Class-B suit before District Court, Betul on 21.01.2019 which was registered as RCS-1B/19. After Commercial Courts Act, 2015 (Act of 2015) came into being, the said suit was transferred to Commercial Court, Bhopal on 31.07.2021 and was re-registered on 18.04.2022 as case No. COMMS/06/2022. The petitioner/defendant upon re-registration of the matter under the Commercial Courts Act before Commercial Court, Bhopal submitted his written statement on 13.09.2022. The learned Commercial Court by the impugned order dated 13.09.2022 rejected the same by taking into account the judgment of Supreme Court in (2019) 12 SCC 210 [SCG Contracts (INDIA) Private Ltd. Vs. K.S. Chamankar Infrastructure Private Limited and Ors]. The Court below further held that merely because an application filed under Order VII Rule 11 CPC of petitioner/defendant was pending, i
Mandatory provision of filing written statement within 120 days from receipt of summons in case of a commercial suit will not be applicable in case of a transferred suit.
The court established the discretion of the Commercial Court in accepting written statements in transferred suits and highlighted the applicability of the Commercial Courts Act, 2015 to suits filed b....
The mandatory timeline of 120 days for filing a written statement in a commercial suit is not applicable to suits originally filed as ordinary suits and subsequently transferred as commercial suits t....
Section 148 CPC does not apply to the commercial court, even if accepted, the Commercial Court shall have power to provide a new time period for filing written statement under Section 15(4) of the Ac....
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 strict adherence to time limits for filing written statements in commercial suits as mandated by the Commercial Court Act and the amendments to....
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