In commercial suits, the limitation period for filing a written statement is mandatorily capped at 120 days from the date of service of summons. This period cannot be extended, and the service of a plaint without annexed documents is sufficient to trigger the commencement of this limitation period.

ORDER :

Moushumi Bhattacharya, J.

1. The Civil Revision Petitions are being disposed of by way of this Common Order since the three Suits involve the same parties.

2. The Civil Revision Petitions arise out of Docket Orders dated 26.06.2025 passed by the learned Commercial Court at Hyderabad by which the right of the defendant Nos.1 to 4 (petitioners herein) to file Written Statements, in Commercial Original Suits (COS), was forfeited.

3. The petitioner is the defendant No.1, the respondent No.1 is the plaintiff and the respondent Nos.2 to 4 are the defendant Nos.2 to 4 in the Suits. The parties are being referred to as per their nomenclature in the Suits for convenience.

4. The plaintiff filed C.O.S Nos.7, 8 and 9 of 2025 against the defendants for the following reliefs:

(i) C.O.S. No.7 of 2025 is filed for recovery of amount of Rs.1,01,42,247/- along with interest @ 15% per annum w.e.f., 2015 to the date of actual payment;

(ii) C.O.S. No.8 of 2025 is filed for recovery of total amount of Rs.1,11,43,995/- i.e., Rs.70,27,985/- along with interest @ 15% per annum w.e.f., 27.01.2017 and Rs.41,16,010/- along with interest @ 15% per annum from 2015, till the date of actual payment; and

(iii) C.O.S.No.9 of 2025 is filed for recovery of amount of Rs.5,61,29,426/- along with interest @ 15% per annum from 01.01.2019 till the date of actual payment.

5. Summons was served on the defendant Nos.1 and 4 on 04.02.2025 and the Vakalat on their behalf was filed on 19.03.2025. Summons were served on defendant Nos.2 and 3 on 07.02.2025 and the Vakalat on their behalf was filed on 19.03.2025. The Commercial Court passed three identical Docket Orders on the same day i.e., on 26.06.2025 recording the date of service of summons and the date of filing of Vakalats and holding that the statutory period of 120 days for filing of Written Statements expired on 04.06.2025 for the defendant Nos.1 and 4 and expired on 07.06.2025 for the defendant Nos.2 and 3. The defendants have filed the present Civil Revision Petitions from the aforesaid three impugned Docket Orders dated 26.06.2025.

6. The Commercial Court decided against the defendants i.e., forfeiting the right of the defendants to file the Written Statements on the prescribed statutory period under The Code of Civil Procedure, 1908 (CPC), as amended by The Commercial Courts Act, 2015 (CCA).

7. Learned Senior Counsel appearing for the petitioner/defendant No.1 places Order V Rule 1 and Order VIII Rule 1 of the CPC to argue that service of summons on the defendants was not effective service in law. Counsel submits that although the summons was received by the defendants on 04.02.2025, the said summons was accompanied only with a copy of the plaint without documents relied upon by the plaintiff. It is submitted that the service effected o