Court may condone delays in filing written statements when valid reasons are presented, balancing interests of justice.

This Original Petition is filed by petitioner/defendant for challenging the impugned order passed by the Commercial Court Pala, for having dismiss the application I.A.No.4/2023 in C.S.No.6/2022 for having rejecting the pray for filing the written statement beyond 120 days.

2. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent.

3. The case of the petitioner is that the respondent filed a commercial suit for recovery of money of more than ₹31 lakhs. The petitioner appeared through the Advocate on 27.07.2022. Summons was served on 02.07.2022, but the written statement was not filed within 120 days (30 + 90 days). The written statement came to be filed on 18.11.2022 with an application to condone the delay of 16 days in filing the written statement, which came to be rejected. Hence, the petitioner is before this Court

4. The learned counsel for the petitioner submits that the petitioner, being a woman/housewife, was previously a Director of the company. Later, she resigned and has been staying at home. Her child was suffering from epilepsy and was under treatment, and nobody looked after the child. Therefore, she was taking care of the child and was not able to travel to Kochi to consult the advocate and file the written statement within time. The learned counsel also contended that the respondent received the money from the petitioner through online transactions and filed a false suit. Therefore, the petitioner was required to collect various documents regarding the payment made to the respondent. Hence, some delay was caused. However, the delay was properly explained in the affidavit, but the trial court wrongly rejected the application. The delay is only 16 days. Though the written statement should be filed within 120 days, it is not mandatory. If the delay is properly explained, the court can accept the written statement beyond 120 days, and there is no inordinate delay in filing the written statement. Therefore, it is prayed to allow the application and set aside the impugned order.

5. The learned counsel for the respondent seriously objected to the petition and supported the order of the trial court, holding that as per the judgment of the Hon’ble Supreme Court, the written statement should be filed within 120 days. Beyond 120 days, the written statement cannot be entertained by the Commercial Court. Even though the provisions of Order 8 Rule 10 of C.P.C., therefore, prayed for dismissing the petition.

6. Having heard the argument of the records, on perusal of the same, it is not in dispute that the respondent said to be filed a suit for recovery of money from the petitioner. And notice was served on the petitioner on 02.07.2022 and applied before the court through an advocate on 27.07.2022. The Written statement ought to have filed within 120 days i.e., 30 days + 90 days as per Order VIII Rule 1 of CPC and the amended C.P.C for Commercial Court Act, the Written statement should be filed as per Order VIII Rule 10 within 120 days and beyond 120 days the court has no power to grant time for filing Written statement

7. However, the learned counsel for the respondent made upon the judgment of the Hon'ble Supreme Court. In the judgment passed by the Hon’ble Supreme Court in 2005 (3)

Supreme 603 in the case of Kailash v. Nankhu and Ors., the Judges of the Bench of three of the Hon’ble Supreme Court laid on the law at paras 31 and 32 of the judgment, which is as under:-

“31. Our attention has also been invited to a few other provisions such as Rules 9 and 10 of Order VIII. In spite of the time limit appointed by Rule 1 having expired, the court is not powerless to