AI Overview...
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Time Limit for Filing Written Statement - In commercial suits, the deadline to file a written statement is strictly set at 120 days from the date of service of the writ of summons. Failure to comply within this period results in forfeiture of the right to file, and no extension can be granted beyond 120 days HINDUSTAN CONSTRUCTION COMPANY LIMITED vs VIDHARBHA IRRIGATION DEVELOPMENT CORPORATION REPRESENTED BY EXECUTIVE DIRECTOR AND 3 OTHERS - Bombay, M/S. HANRICH TEKNIC PVT. LTD. vs M/S. MIKARA ORGANIC FARMS PVT. LTD. - Karnataka, M/S KAVERI AGENCIES vs KARNATAKA BANK LTD - Karnataka, Curewin Hylico Pharma Pvt. Ltd. Though Its Director Uttam Kumar Rao vs Curewin Pharmaceuticals Pvt. Ltd - Madhya Pradesh, MR. PRASAD KUMAR vs MRS. B. SHYAMALA - Karnataka.
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Mandatory Nature of the Deadline - The courts have consistently held that the 120-day period is mandatory in commercial disputes. Delay beyond this period, even by a few days, leads to automatic forfeiture of the right to file a written statement, and courts do not have the discretion to condone or extend this timeline M/S. HANRICH TEKNIC PVT. LTD. vs M/S. MIKARA ORGANIC FARMS PVT. LTD. - Karnataka, M/S KAVERI AGENCIES vs KARNATAKA BANK LTD - Karnataka, MR. PRASAD KUMAR vs MRS. B. SHYAMALA - Karnataka.
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Exceptions and Extensions - While the courts have acknowledged that delays can sometimes be excused under exceptional circumstances (e.g., COVID-19 pandemic, issues with document legibility), these are generally not applicable to the 120-day limit in commercial suits. The timeline remains inflexible, and extensions are rarely granted M/S SANA FOOD PRODUCTS & ORS. Vs M/S ASHWMEGH SPICES PVT. LTD - Delhi.
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Service of Summons as Starting Point - The period for filing begins only after the service of the writ of summons. The date of service is crucial in calculating the 120-day deadline Metro Ortem Ltd. , A Public Limited Company, though its authorized representative Mr. M. K. Goel. VS Maharashtra State Road Transport Corporation, represented through its General Manger - Bombay.
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Implications of Delay - If the written statement is not filed within the stipulated period, the defendant's right to contest the suit is extinguished. Attempts to seek condonation or extension are typically unsuccessful in commercial litigation due to the statutory mandate M/S. HANRICH TEKNIC PVT. LTD. vs M/S. MIKARA ORGANIC FARMS PVT. LTD. - Karnataka, M/S KAVERI AGENCIES vs KARNATAKA BANK LTD - Karnataka, MR. PRASAD KUMAR vs MRS. B. SHYAMALA - Karnataka.
Analysis and Conclusion:
The legal framework governing commercial suits emphasizes strict adherence to the 120-day deadline for filing written statements from the date of service of summons. Courts have consistently reinforced that this period is mandatory, and non-compliance results in automatic forfeiture of the defendant's right to submit a written statement, with very limited scope for extension or condonation. Therefore, parties must ensure timely filing to preserve their rights in commercial litigation.
References:
- INDBOM00000003401
- INDKAR00000146598
- INDDEL00000017460
- 00900040851
- INDGUJ00000008220
- INDKAR00000036191
- 00400069037
- 00400062470
- INDMP00000078427
- INDKAR00000143801
Search Results for "Commercial Suit Time to File Written Statement Service of Writ of Summon"
2024 Supreme(Online)(Bom) 249 • India - High Court of Bombay
ABHAY AHUJA, J
a written statement within the stipulated time after being served with a writ of summons. ... provisions of the CPC applicable to commercial disputes - The court emphasized that the right to file a written statement is forfeited ... after 120 days from service of summons, and no extension can be granted beyond this period. ... of service of summons and on expiry....
2025 Supreme(Online)(Kar) 21052 • India - Karnataka High Court
M.NAGAPRASANNA, J
(A) Constitution of India - Articles 226 and 227 - Commercial suit - Written statement filing delay - Court mandatorily requires ... ... ... Findings of Court: ... The court reaffirmed that the written statement deadline in commercial disputes is strictly regulated ... ... ... Ratio Decidendi: The court held that the failure to file within 120 days extinguishes the right to file a written statement#H....
2024 Supreme(Online)(DEL) 11004 • India - High Court of Delhi
MS. JUSTICE SHALINDER KAUR, J
statement in a commercial suit due to the COVID-19 pandemic and issues with document legibility. ... (Paras 1, 8, 16, 18) ... ... (B) Delay in filing written statement ... - The court emphasized that the timeline for filing written statements can be extended under certain circumstances, including the ... In commercial suit, under no circumstance, can the Court condone a delay of 120 days from the date of service,....
2018 0 Supreme(Cal) 396 • India - Calcutta
SAHIDULLAH MUNSH
Writ of summons - Time Limit for Filing Written Statement - Section 16(1) of the Commercial Courts, Commercial Division and Commercial ... statement within the stipulated time limit of 120 days from the date of service of summons. ... the time limit for filing written statement in commercial disputes. ... But....
2024 Supreme(Online)(GUJ) 23932 • India - High Court of Gujarat
MRS. JUSTICE SUNITA AGARWAL, CJ, MR. JUSTICE PRANAV TRIVEDI, J
- Delay in filing written statement - The petitioner sought condonation of a 4-day delay in filing the written statement beyond ... and failed to file the written statement within the mandatory period, thus the learned Court was not obliged to accept the late ... (A) Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 - Order VIII, Rules 1 and 10 ... and twenty days fro....
2024 Supreme(Online)(KAR) 20404 • India - High Court of Karnataka
MR JUSTICE RAVI V.HOSMANI, J
... ... Ratio Decidendi: The court held that the time limit for filing a written statement in a commercial suit is mandatory and ... limit for filing a written statement in a commercial suit is mandatory and cannot be condoned beyond the specified period. ... (Para 4) ... ... Facts of the case: ... The petitioner, a defendant in a commercial suit, sought to file a w....
2022 0 Supreme(Bom) 1665 • India - Bombay
MILIND N. JADHAV
The time to file written statement commences only after service of the writ of summons. ... The time to file written statement commences only after service of the writ of summons. ... - Written Statement - Jurisdiction - Service of Summons - Writ of #HL_ST....
2019 0 Supreme(Bom) 2152 • India - Bombay
C.V.BHADANG
Commercial Court - Challenge to order dismissing application for time to file written statement - The Commercial Courts Act, 2015 ... Fact of the Case: The petitioner sought time to file a written statement in a suit transferred to the Commercial Court ... Issues: The main issue was whether the petitioner should be allowed to file the written#HL_END....
2025 Supreme(Online)(MP) 2394 • India - High Court of Madhya Pradesh
SHRI JUSTICE VIVEK RUSIA, SHRI JUSTICE GAJENDRA SINGH, JJ
a written statement after 120 days from service of summons. ... timeline for filing a written statement. ... the timeline for filing the written statement. ... written statement has been forfeited upon expiry of 120 days from the date of service of summons. ... of service of summons. ... The petitioner/defendant No.1 filed reply to the aforesai....
2025 Supreme(Online)(Kar) 18257 • India - Karnataka High Court
M. NAGAPRASANNA, J
failure to do so forfeits the right to file a written statement. ... ... ... Issues: The main issue addressed was the impermissibility of extending the deadline for filing written statements in commercial ... ... ... Ratio Decidendi: The court affirmed that statutory time limits in commercial litigation must be adhered to rigorously, and ... summons and on expiry of one hundred twenty days from the date of service#HL_E....
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