The time limit for filing a written statement in a commercial suit is mandatory and cannot be extended beyond 120 days.

This writ petition is filed seeking for following reliefs:

a) Quash the impugned order passed by the learned Principal District and Sessions Judge and Designated Commercial Courts, Dharwad dated:

19.08.2023 in Com O.S.no.67/2022 vide Annexure-D.

b) The petitioner may please be permitted to file the written statement by condoning the delay.

2. Sri Subhash J.Baddi, learned counsel for petitioner submitted that, Commercial O.S.no.67/2022 was filed by respondent-plaintiff for recovery of money etc. In said suit, petitioner, who was defendant filed I.A.no.II under Order VIII Rule 10 Read with Section 151 of Code of Civil Procedure, 1908 (‘CPC’ for short) seeking for permission to file written statement. In affidavit filed in support of application, it was stated in said suit, defendant had entered appearance through legal aid counsel and due to lack of information, had not file written statement in time.

3. On 13.02.2023, taking written statement as not filed, trial Court posted suit for plaintiff’s evidence. Thereafter on 02.06.2023, defendant filed application for permission to file written statement. Though said application was opposed, under impugned order, trial rejected application on 19.08.2023. Aggrieved thereby petition was filed.

4. It was submitted, suit was filed for recovery of money, wherein defendant had entered appearance through legal aid counsel. Due to non availability of certain documents, he could not file written statement. Therefore he filed application for condonation of delay and permit him to file written statement. Without proper consideration, trial Court rejected application. Assailing same, it was submitted denial of right to file written statement would result in total miscarriage of justice, especially as he had entered appearance through legal aid counsel. On above grounds, sought to allow writ petition.

5. On other hand, Sri Pawan Doddatti, learned counsel for plaintiff sought to justify impugned order. It was submitted, admittedly suit was Commercial Suit requiring written statement to be filed within 30 days and extendable up to maximum of 120 days from date of service of summons.

Admittedly, defendant was served and represented and there was no justification for not filing written statement.

Admittedly, application was filed beyond permissible period of time as per proviso to Order VIII Rule 1 of CPC.

6. Heard learned counsel and perused writ petition records.

7. From above it is seen that, defendant has filed writ petition, challenging order rejecting application for permission to file written statement in Commercial suit. As per proviso to Order VIII Rule 1 of CPC, permission can be granted only if it is sought before expiry of 120 days. There being, no provision for condonation beyond 120 days, rejection would be justified.

Hon’ble Supreme Court in case of SCG Contracts (India) (P) Ltd. v. K.S. Chamankar Infrastructure (P) Ltd., reported in (2019) 12 SCC 210 held that time limit for filing written statement in Commercial suit is mandatory.

8. It is also seen that on 02.01.2024, this Court granted conditional interim order staying further proceedings in suit on submission that sum of Rs.3,50,000/- would be deposited within three weeks. Said order has not been complied, therefore there are no good grounds to interfere with impugned order.

9. Consequently, writ petition is dismissed.