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CALCUTTA HIGH COURT
Aniruddha Roy, J.
Veeline Holdings Private Limited – Plaintiff
versus
Khetawat Properties Limited – Defendant
IA No. GA-COM 2 of 2025 in
CS-COM 825 of 2024
Decided on 17.12.2025
(A) Civil Procedure Code, 1908 – Order VIII Rule 1 – Commercial Courts Act, 2016 – Section 16 – Written statement in a commercial suit – Limitation period – Defendant first will have opportunity to file written statement within 30 days from date of service of writ of summons and thereafter, subject to satisfaction of Court by recording reasons but within mandated 120 days from date of service of summons and not beyond said 120 days – Beyond said mandated 120 days, defendant by itself shall forfeit right to file written statement by operation of law and Court shall not allow written statement to be taken on record – Power, authority and jurisdiction of Court to extend time to file written statement mandatorily ceases after said mandated 120 days – Object and purpose of C.C. Act is to ensure that commercial Courts to dispose of commercial matters expeditiously, fairly and at reasonable costs to litigant. (Para 27)
(B) Civil Procedure Code, 1908 – Order VIII Rule 1 – Written statement in a commercial suit – Limitation period – Extension – If defendant is to file its written statement beyond mandated 30 days but within mandated 120 days from date of service of writ of summons, then Court has to extend time by recording its satisfaction with reasons in writing in conjunction with provision on payment of costs as Court deems fit – When Court is duty bound to give its reasons in writing, it is imperative and a necessity/requirement for defendant to file a formal application in writing stating reasons and causes which prevented defendant not to file written statement within mandated 30 days, otherwise reasons necessarily to be recorded in writing by Court will be an illusory exercise without any foundation – If defendant applies for extension of time to file written statement beyond mandated 30 days, such application has to be, must be and should be a formal application in writing – Merely submitting written statement with department is not an acceptance by Court, neither it means filing of written statement in accordance with law – At the highest, it may be construed as depositing written statement with department and if Court accepts the same then only written statement will be taken on suit record permanently. (Paras 29, 31 and 39)
(C) Civil Procedure Code, 1908 – Order VIII Rule 1 – Written statement in a commercial suit – Limitation period – Written statement submitted by defendant with leave of Court cannot be construed or accepted as filing of written statement beyond mandated 30 days – It is also a mandate on Court that Court will lose its jurisdiction and becomes functus officio immediately upon expiry of mandated 120 days – No application for extension of time to file written statement shall be filed before Court or shall be taken on board by Court beyond said mandated 120 days – When a specific provision is laid down under a statute, same shall override general provisions or procedures of law, even though laid down in statute – Specific provision of statute will have to be specifically applied in the matters where it is applicable and no other provisions can be applied – All other modes for application of other provisions are expressly forbidden. (Paras 31, 32, 33 and 39)
Result: Application dismissed.
JUDGMENT
Aniruddha Roy, J.—
In Re: IA NO. GA-COM/2/2025
Facts:
The master summons and the supporting affidavit in IA No.GA-COM/2/2025 has been taken out by the defendant with the following prayers:—
(a) Leave to file the written statement in the instant suit as the same is being filed within the statutory mandate of 120 days;
(b) Such further and/or other Order/(s) and/or Direction/(s) be given and/or made as to this Hon’ble Court may deem fit and proper;
2. Record shows that the master summons was taken out on August 19, 2025. For the purpose of adjudication of this application, the merits of the plaint case or the facts stated in the plaint are not relevant to be discussed, as such, those are not stated.
3. The writ of summons, as per the report of the office of the Deputy Sheriff dated November 26, 2025 was served upon the defendant on April 18, 2025. The mandated 30th day under the amended provision of Rule 1 to Order VIII of Code of Civil Procedure (for short CPC) from the date of service of writ of summons had expired on or before May 17, 2025.
4. The mandated 120th day had expired on or about August 17, 2025. The matter was mentioned before the Coordinate Bench on behalf of the defendant on August 06, 2025, when ‘leave was granted to submit the written statement in the department in course of this day, subject to acceptance by this Court’. The endorsement on the fiat of the original written statement shows as such.
5. In the conspectus of the above facts, the defendant has taken out the master summons praying for extension of time to file written statement.
6. Pursuant to the direction of the Court the parties to the instant application have filed their respective written notes.
Submissions:
7. At the outset, the crux of the submissions made by Mr. Pranit Bag learned Advocate appearing for the defendant is narrated. He submits that the day when leave has been granted by the jurisdictional court to submit the written statement in the department in course of the day and the written statement has been submitted accordingly, it is sufficient within the meaning and expression of amended Rule 1 to Order VIII of CPC for filing the written statement and no formal application is required to be filed or to be on board.
8. Referring to the pre-amended provisions of Rule 1 to Order VIII of CPC and comparing the same with the amended provisions in view of the promulgation of the Commercial Court Act, 2025 (for short CC Act), he submits that in a non-commercial suit, the defendant shall, within 30 days from the date of service of summons on him present written statement of his defense. It is also provided that where the defendant fails to file the written statement within the said period of 30 days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than 90 days from the date of service of summons. Whereas the amended provisions applicable for commercial suit specifically provides that where the defendant fails to file the written statement within the period of 30 days, he shall be allowed to file written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than 120 days from the date of service of summons and on expiry of 120 days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record.
9. Mr. Pranit Bag, learned Advocate then refers to the Calcutta High Court amendment vide a notification no.9681-G dated December 6, 2006, published in the Calcutta Gazette extraordinary, Part-I dated December 7, 2006 which has inserted two provisions under Order VIII Rule 1 of Code of Civil Procedure. The second proviso provides that the Court can in exceptional cases extend the time beyond 90 d
(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....
The court holds that delays in filing additional written statements can be condoned under Rule 9 of Order VIII provided there is sufficient cause and no prejudice is caused to the opposing party.
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....
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 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 court affirmed that procedural rules regarding the filing of written statements can be interpreted flexibly to ensure justice, allowing extensions in exceptional circumstances.
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, 1908, and the Commercial Courts Act 2015, regarding the filing of written statements and the exten....
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