2023:PHHC:038640

CR-1820-2020 (O&M)

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351

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

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CR-1820-2020 (O&M)

Date of Decision : 14.03.2023

Rajinder Singh

....Petitioner

VERSUS

M/s DLF Utilities Ltd.

....Respondent

CORAM : HON’BLE MRS. JUSTICE ALKA SARIN

Present :

Mr. Gourav Janglan, Advocate for the petitioner.

Mr. Kunal Dawar, Advocate for the respondent.

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ALKA SARIN, J. (Oral)

The present revision petition has been preferred against the

impugned order dated 03.02.2020 passed by the Trial Court whereby the

defence of the defendant-petitioner was struck off for the reason that the

defendant-petitioner failed to file the written statement even after the expiry

of 90 days.

Learned counsel for the defendant-petitioner would contend

that since the defendant-petitioner was not keeping well, therefore, he could

not come to sign the written statement. It is further the contention that given

one opportunity, he would file the written statement and he is willing to

compensate the plaintiff-respondent by ways of costs.

TRIPTI SAINI

2023.03.15 10:28

I attest to the accuracy and

integrity of this document

Chandigarh

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Per contra, learned counsel for the plaintiff-respondent states

that despite the numerous opportunities the written statement was not filed

and hence the impugned order was correctly passed.

Heard.

The defence of the defendant-petitioner in the present case has

been struck-off on the ground that despite the period of 90 days having

elapsed, the written statement was not filed.

Hon’ble Supreme Court in the case of Desh Raj vs. Balkishan

(D) through proposed LR Ms. Rohini [(2020) RCR (Civil) 807] has held

as under :

“ANALYSIS & CONCLUSION

11. At the outset, it must be noted that the Commercial

Courts Act, 2015 through Section 16 has amended the

CPC in its application to commercial disputes to

provide as follows:

“16. Amendments to the Code of Civil Procedure,

1908 in its application to commercial disputes - (1)

The provisions of the Code of Civil Procedure,

1908 (5 of 1908) shall, in their application to any

suit in respect of a commercial dispute of a

Specified Value, stand amended in the manner as

specified in the Schedule.

(2) The Commercial Division and Commercial

Court shall follow the provisions of the Code of

Civil Procedure, 1908 (5 of 1908), as amended by

TRIPTI SAINI

2023.03.15 10:28

I attest to the accuracy and

integrity of this document

Chandigarh

2023:PHHC:038640

CR-1820-2020 (O&M)

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this Act, in the trial of a suit in respect of a

commercial dispute of a specified value.

(3) Where any provision of any Rule of the

jurisdictional High Court or any amendment to the

Code of Civil Procedure, 1908, by the State

Government is in conflict with the provisions of the

Code of Civil Procedure, 1908 (5 of 1908), as

amended by this Act, the provisions of the Code of

Civil Procedure as amended by this Act shall

prevail.”

12. Hence, it is clear that post coming into force of the

aforesaid Act, there are two regimes of civil procedure.

Whereas commercial disputes [as defined under Section

2(c) of the Commercial Courts Act, 2015] are governed

by the CPC as amended by Section 16 of the said Act;

all other noncommercial disputes fall within the ambit

of the unamended (or original) provisions of CPC.

13. The judgment of Oku Tech (supra) relied upon the

learned Single Judge is no doubt good law, as recently

upheld by this Court in SCG Contracts India Pvt. Ltd. v.

KS Chamankar Infrastructure Pvt. Ltd., AIR 2019 SC

2691, but its ratio concerning the mandatory nature of

the timeline prescribed for filing of written statement

and the lack of discretion with Courts to condone any

delay is applicable only to commercial disputes, as the

TRIPTI SAINI