JUDGMENT

The question that arises is whether the time available under the Commercial Courts Act for filing a written statement can be extended by the court and the defendants permitted to file written statement beyond the time that is stipulated in the Statute. In the case on hand, the suit was filed on 03.11.2023. According to the defendants they had prepared a counter statement and they had entrusted the file to their Standing Counsel on 20.12.2023. A draft counter statement was prepared and sent by email on 26.12.2023. On 08.02.2024, it is stated that a reminder was sent to the counsel. The time for filing the written statement expired on 04.06.2024 and defendants were set ex parte. Defendants filed interlocutory applications seeking to condone the delay and accept the written statement and to set aside the order setting them ex parte. The court below by order dated 07.09.2024 dismissed the application for condon