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SCG Contracts (India) Private Limited vs. K.S. Chamankar Infrastructure Private Limited - Main Points and Insights:
The Supreme Court in this case emphasized that the provisions of Order VIII Rule 1 CPC, as applicable to commercial courts, are mandatory ["Raj Process Equipments and Systems Pvt. Ltd. VS Honest Derivatives Pvt. Ltd. - 2023 4 Supreme 362"], ["M/S. SHARA INTERGLOBE LOGISTICS vs M/S. KRONOS LOGISTICS INDIA PVT LTD - Madras"], ["BEENA GOSWAMI Vs STATE BANK OF INDIA - Delhi"].
The Court highlighted that the decision in this case is binding and sets a clear precedent regarding procedural compliance in commercial litigation ["Raj Process Equipments and Systems Pvt. Ltd. VS Honest Derivatives Pvt. Ltd. - 2023 4 Supreme 362"].
Analysis and Conclusion:
The Supreme Court's decision in SCG Contracts (India) Private Limited vs. K.S. Chamankar Infrastructure Private Limited is a landmark ruling affirming the strict adherence to procedural timelines under the Commercial Courts Act.
References:- ["Raj Process Equipments and Systems Pvt. Ltd. VS Honest Derivatives Pvt. Ltd. - 2023 4 Supreme 362"]- ["Varamm Healthcare Pvt. Ltd. VS MGM Healthcare Pvt. Ltd - Madras"]- ["Telecommunications Consultants India Limited Through Its Joint General Manager (Civil) New Delhi VS Rajendra Singh Kiledar Construction Private Limited, Through Director Raghvendra Singh Kiledar Bajar Chouk Bhaisdehi Tehsil Bhaisdehi Jila Betul (Madhya Pradesh) - Madhya Pradesh"]- ["M/S. SHARA INTERGLOBE LOGISTICS vs M/S. KRONOS LOGISTICS INDIA PVT LTD - Madras"]- ["M/S GOEL ROAD CARRIERS PVT. LTD. vs M/S SAMAR LIFESTYLE PRIVATE LIMITED - Supreme Court"]- ["Parmeshwar Jana VS Lakhan Singh - Delhi"]- ["BEENA GOSWAMI Vs STATE BANK OF INDIA - Delhi"]
In the fast-paced world of commercial litigation, time is money—and missing deadlines can cost you dearly. Imagine filing a suit only to have the defendant shut out from defending itself due to a procedural lapse. This is the crux of the landmark Supreme Court decision in SCG Contracts (India) Private Limited vs. K.S. Chamankar Infrastructure Private Limited & Ors. (2019) 12 SCC 210. Businesses and lawyers often ask: SCG Contracts (India) Private Limited vs. K.S. Chamankar Infrastructure Private Limited & Ors please give this decision? Let's dive into this pivotal judgment, its implications, and nuances from subsequent cases. Note: This is general information and not specific legal advice; consult a qualified lawyer for your situation.
The Supreme Court held that the 120-day timeline for filing a written statement in commercial disputes is mandatory. Courts cannot condone delays beyond this period, leading to forfeiture of the defendant's right to file the written statement. This ruling under the amended Order VIII Rule 1 of the Code of Civil Procedure (CPC) emphasizes efficiency in commercial litigation, distinguishing it from ordinary civil suits. S Anvita Auto Tech Works Pvt. Ltd VS Aroush Motors - 2025 0 Supreme(SC) 1789
As the Court clarified, the timeline of 120 days prescribed for filing a written statement in commercial disputes is mandatory, and the defendant forfeits its right to file the written statement beyond this period. S Anvita Auto Tech Works Pvt. Ltd VS Aroush Motors - 2025 0 Supreme(SC) 1789
The dispute arose in a commercial context where the defendant missed the written statement deadline. The Supreme Court used this to settle ambiguity post the 2015 CPC amendments, aimed at speedy resolution of high-value commercial matters. The ruling underscores that procedural rigor prevents dilatory tactics, promoting commercial justice. S Anvita Auto Tech Works Pvt. Ltd VS Aroush Motors - 2025 0 Supreme(SC) 1789
A critical distinction: In commercial disputes, the timeline is strictly mandatory. The Court clarified that the proviso to Order VIII Rule 1 CPC is directory in non-commercial disputes, but in commercial disputes, the timeline is strictly mandatory. Raj Process Equipments and Systems Pvt. Ltd. VS Honest Derivatives Pvt. Ltd. - 2023 4 Supreme 362
Subsequent rulings echo this. For instance, courts have held that delays beyond 120 days in commercial suits lead to forfeiture of the defendant’s right to file a written statement. Beena Goswami VS State Bank of India - 2023 0 Supreme(Del) 3183
Not all transfers trigger the ironclad rule. Section 15(4) of the Commercial Courts Act, 2015 provides relief: Section 15(4) of the Commercial Courts Act, 2015 overrides the proviso to Order VIII Rule 1 CPC, which mandates forfeiture of the right to file a written statement after 120 days. Telecommunications Consultants India Limited vs Rajendra Singh Kiledar Construction Private Limited - 2023 Supreme(Online)(MP) 11813
In transferred cases, courts may prescribe a new timeline. One case noted: The Commercial Court has the power to prescribe a new time period for filing the written statement in cases transferred from civil courts. Telecommunications Consultants India Limited vs Rajendra Singh Kiledar Construction Private Limited - 2023 Supreme(Online)(MP) 11813 This carves an exception for pending suits, ensuring fairness. Reliance General Insurance Co Ltd VS Colonial Life Insurance Company (trinidad) Ltd - 2021 Supreme(Bom) 620
Moreover, the mandatory timeline of 120 days for filing a written statement in a commercial suit is not applicable to suits originally filed as ordinary suits and subsequently transferred as commercial suits. Reliance General Insurance Co Ltd VS Colonial Life Insurance Company (trinidad) Ltd - 2021 Supreme(Bom) 620
While SCG Contracts sets a firm precedent, courts have navigated exceptions:
In non-commercial or pre-Act suits, discretion prevails: The court allowed the petitioner to file written statement... after considering the peculiar facts. Shantinagar (Shela) Co-Operative Housing Society Limited VS Bileshwar Corporation - 2022 Supreme(Guj) 1415
Courts stress: Rules of procedure are designed to facilitate justice and further its ends, and should not be used to trip people up. Shantinagar (Shela) Co-Operative Housing Society Limited VS Bileshwar Corporation - 2022 Supreme(Guj) 1415 Balance speed with equity.
The SCG Contracts decision revolutionized commercial litigation by making the 120-day written statement deadline mandatory, curbing delays but raising fairness concerns. However, exceptions for transferred suits under Section 15(4) and non-commercial matters provide balance. Telecommunications Consultants India Limited vs Rajendra Singh Kiledar Construction Private Limited - 2023 Supreme(Online)(MP) 11813Reliance General Insurance Co Ltd VS Colonial Life Insurance Company (trinidad) Ltd - 2021 Supreme(Bom) 620
Key Takeaways:- Mandatory in new commercial suits: Forfeiture after 120 days. S Anvita Auto Tech Works Pvt. Ltd VS Aroush Motors - 2025 0 Supreme(SC) 1789- Directory elsewhere: Discretion applies.- Transfers: New timelines possible. Telecommunications Consultants India Limited vs Rajendra Singh Kiledar Construction Private Limited - 2023 Supreme(Online)(MP) 11813- Always prioritize compliance to safeguard rights.
Stay informed on evolving jurisprudence—recent cases continue refining this framework. For tailored guidance, reach out to legal experts.
References:- Raj Process Equipments and Systems Pvt. Ltd. VS Honest Derivatives Pvt. Ltd. - 2023 4 Supreme 362S Anvita Auto Tech Works Pvt. Ltd VS Aroush Motors - 2025 0 Supreme(SC) 1789Beena Goswami VS State Bank of India - 2023 0 Supreme(Del) 3183Telecommunications Consultants India Limited vs Rajendra Singh Kiledar Construction Private Limited - 2023 Supreme(Online)(MP) 11813Shantinagar (Shela) Co-Operative Housing Society Limited VS Bileshwar Corporation - 2022 Supreme(Guj) 1415Reliance General Insurance Co Ltd VS Colonial Life Insurance Company (trinidad) Ltd - 2021 Supreme(Bom) 620Ok Play India Pvt. Ltd. VS A P Distributors - 2021 Supreme(Del) 486Prakash Corporates T/16 Raheja Tower VS Dee Vee Projects Limited - 2021 Supreme(Chh) 219
This post draws solely from cited legal documents; interpretations may vary by facts.
#SCGContracts #CommercialDisputes #CPCTimeline
Reliance was placed by the High Court on the judgment of this Court in SCG Contracts India Private Limited vs. K.S. ... In fact the decision in SCG Contracts India Private Limited is by a 2-member Bench, which was dealing with the second proviso to sub-rule (1) of Rule 1 of Order V. ... An exception was carved out in SCG Contracts India Private....
Therefore, in the light of the judgment of the Hon'ble Supreme Court reported in SCG Contracts India Private Limited vs. K.S. ... The learned Judge relying upon the observation of the Hon'ble Supreme Court in Paragraph 8 of the judgment reported in SCG Contracts India Private Limited vs. K.S. ... In the light of the judgment of the Hon'ble Supreme Court in the case of SCG Contracts#HL_EN....
Chamankar Infrastructure Private Limited and Ors]. ... In fact the decision in SCG Contracts India Private Limited is by a 2-member Bench, which was dealing with the second proviso to sub-rule (1) of Rule 1 of Order V. ... An exception was carved out in SCG Contracts India Private Limited to this Rule, by this Court i....
The learned Commercial Court by the impugned order dated 13.09.2022 rejected the same by taking into account the judgment of Supreme Court in (2019) 12 SCC 210 [SCG Contracts (INDIA) Private Ltd. Vs. K.S. Chamankar Infrastructure Private Limited and Ors]. ... In fact the decision in SCG Contracts India Private Limited is by a 2-member Bench, wh....
In the light of the judgment of the Hon'ble Supreme Court in the case of SCG Contracts India Private Limited cited supra and the judgment of the Delhi High Court in the case of Ok Play India Pvt. ... Therefore, in the light of the judgment of the Hon'ble Supreme Court reported in (2019) 12 SCC 210 - SCG Contracts India Private Limited Vs. ... The learned Judge relying upon the observa....
Learned counsel appearing on behalf of the Respondent relies on a judgment rendered by this Court in SCG Contracts (India) Pvt.Ltd. Vs. K.S. Chamankar Infrastructure Private Ltd. ... & Ors., (2019) 12 SCC 210. 3. ... Petitioner(s) VERSUS M/S ATIN PROMOTIONS AND ADVERTISING PRIVATE LIMITED Respondent(s) (FOR ADMISSION and I.R. and IA No.127929/2022-EXEMPTION FROM FILING C/....
ORDER Learned counsel for the petitioner has drawn our attention to the judgment of this Court in SCG Contracts (India) Private Limited vs. K.S. Chamankar Infrastructure Private Limited and Others1. ... Dee Vee Projects Limited 2 is not applicable, 1 (2019) 12 SCC 210. 2 (2022) 5 SCC 112 .
Contracts (India) Private Limited Vs. ... He had further contended that the trial Court was right in relying upon (2019) 12 SCC 210 (SCG Contracts (India) Private Limited Vs. ... The trial Court relied upon a judgement of the Hon'ble Supreme Court reported in (2019) 12 SCC 210 (SCG Contracts (India) Private Limited Vs. K.S. ... The judgement of....
The rigors of the Commercial Courts Act have been already settled by the Supreme Court in SCG Contracts (India) Private Limited v. K.S. Chamankar Infrastructure Private Ltd. ... The law with respect to the limitation for filing the written statement in commercial suits has been settled by the Supreme Court in SCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastruct....
The rigors of the Commercial Courts Act have been already settled by the Supreme Court in SCG Contracts (India) Private Limited v. K.S. ... The law with respect to the limitation for filing the written statement in commercial suits has been settled by the Supreme Court in SCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. ... Ltd., (2019) 12 SCC 210 and has been reiterated by the predecessor benc....
(2) Saleem Bhai and Others Vs. State of Maharashtra and Others, reported in (2003) 1 SCC 557; and (1) SCG Contracts (India) Private Limited Vs. K.S. Chamankar Infrastructure Private Limited and Others, reported in (2019) 12 SCC 210 (as relied upon by the petitioner); (3) Ajit Singh Thakur Singh and Another Vs. State of Gujarat, reported in (1981) 1 SCC 495; (3) R.K. RoJa Vs. U.S. Rayudu and Another, reported in (2016) 14 SCC 275. Learned Senior Advocate Mr. Dave in support of his submissions would reply upon the following decisions of the Hon'ble Apex Court : (2) Desh Raj V....
Shreeved Consultancy LLP & ors. (judgment dated 15th January, 2020 in CS (COMM) 140/2019) and the judgment of the Supreme Court in SCG contracts India Private Limited Vs. K.S. Chamankar Infrastructure Private Limited and Others, 2019 (12) SCC 210.
Therefore, it is prayed that this petition may be admitted and petitioner may be granted opportunity to file written statement in the Civil Suit before the Commercial Court. The Supreme Court granted liberty to the defendant and ordered that the written statement that was already produced to be taken on record. Vs. Aaditiya J. Garg and Anr. reported in 2020 SCC Online SC 1050 and the judgment of Supreme Court in Kailash Vs. Nanhku & Ors. reported in (2005) 4 SCC 480. It is submitted that in the case of S.C.G. Contracts (India) Private Limited Vs. K.S. Chamankar Infrastructure Priva....
Learned counsel submits that as far as transferred pending suits, where writs of summons have not been served on the defendants, are concerned, the timeline of 120 days for fling of a written statement and forfeiture of the right to file written statement after expiry of that period very much apply to them. Learned counsel relies on the judgment of the Supreme Court in the case of SCG Contracts (India) Private Limited Vs. K.S. Chamankar Infrastructure Private Limited & Ors, (2019) 12 SCC 210 and decisions of Delhi High Court in the cases of AIS Glass Solutions Limited vs. M....
Aircon Engineering Services and Others and New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Private Limited (supra). Dokkoda Satyavani and Others, 2006 (4) ALD 296, SCG Contracts India Private Limited vs. K.S. Chamankar Infrastructure Private Limited and Others, 2019 (2) ALT 48, Uilin Beheer B.V. vs. Balaji Action Buildwell the order of Delhi High Court in NBCC (India) Limited vs. Learned counsel for respondent No. 1-plaintiff, in support of his submissions and contentions, takes the support of the judgments in Lakshmi Trading Company vs.
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