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P. NAVEEN RAO, NAGESH BHEEMAPAKA
Ecologique Petro Chemicals Pvt. Ltd. – Appellant
Versus
Research Center for Fuel Generation – Respondent
ORDER :
P Naveen Rao, J.
Heard learned counsel for petitioner Sri M Annapurnayya and learned counsel for respondents Sri Shyam S Agarwal.
2. Revision Petitioner is plaintiff, in O.S No. 472 of 2016 (New COS No. 12 of 2018) on the file of Court of XIII Additional District Judge, Ranga Reddy district at L.B.Nagar for recovery of 2,44,02,487.61. Respondents herein are defendants. On service of summons from the Civil Court, defendants entered appearance on 18.5.2016 but no written statement was filed within 120 days from the date of receipt of summons. Even without filing written statement, I.A No. 148 of 2016 was filed under Order XIV Rule 2 of CPC challenging the jurisdiction of Civil Court. As the dispute involved is a commercial dispute, consequent to establishment of Commercial Courts in Ranga Reddy district, the suit was transferred to the Commercial Court i.e., Special Judge for Trial and Disposal of Commercial Disputes, Ranga Reddy District at L.B. Nagar and renumbered as COS No. 12 of 2018. After transfer of the suit to Commercial Court, said I.A. was renumbered as I.A. No. 89 of 2018. During the pendency of said I.A., by order dated 4.7.2017 defendants were set ex-parte on the g
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....
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 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....
Section 15 of Act, 2015 deals with transfer of pending cases.
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....
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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