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...The aforesaid cheques when presented to the bank by the plaintiff, were dishonoured with remarks stop payment and accounts closed. 2.5 On 5th August 2019, commercial suit for recovery of Rs. 11,84,823/- along with interest pendente ...OnLine Del 4043, written statement which is filed beyond the period of 30 days in a commercial suit, can only be taken on record, if it is accompanied by an application under Order VIII Rule 1 of...written statement, which the defendant failed to do within the time granted by the Commercial Court. (iii) On 12th January, 2020, the maximum permissible period for filing written ...
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4. The Suit is today registered as a Commercial Suit covered by the Commercial Courts Act 2015. It is abundantly clear from a reading of a statute and from the decision of Hon'ble Jus...endorsement by the Prothonotary & Senior Master granting the Defendant time to file this Written Statement.
9. If we reckon time from the date the suit entered the commercial d..., the Written Statement is well within limitation. Nobody disputes that position. The argument in the Interim Application, however, is that since the suit is now numbered as a Commercial Suit...
...made aware of filing of any such written statement and, moreover, no copy thereof, was ever supplied. It was only on 30.07.2024 that they learnt about filing of the
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2. According to him, defendant Nos.1, 3 and 4 were duly served but reckoned from the date of such service, they did not file their written statement within the initial stipulated period of 30 days....
3. It is contended that on 15.03.2024, when the learned Presiding Officer was on half-day leave, some written statement was reportedly filed by them and the Reader of the Court had...
...present in Court but he was never made aware of filing of any such written statement and, moreover, no copy thereof, was ever supplied. It was only on 30.07.2024 that they learnt about filing of the
...learned Trial Court.
2. According to him, defendant Nos.1, 3 and 4 were duly served but reckoned from the date of such service, they did not file their written statement within the...initial stipulated period of 30 days.
3. It is contended that on 15.03.2024, when the learned Presiding Officer was on half-day leave, some written statement was reportedly filed by...
...provides that the plaintiff shall be at liberty to file a written statement to the counter-claim of the defendant within such period as may be fixed by the Court. Counsel submits that since it is a commercial suit,...is of the view that the strict timelines of Order VIII Rule 1, as amended by The Commercial Courts Act, 2015, may not apply since this is a written statement to the counter-claim of the defendant no...1. The Court : This is an application filed by the plaintiff for extension of time to file the written statement against the counter-claim filed by the defendant no. 1. Learned counsel...
...Section 5 of the Limitation Act seeking condonation of delay in filing the written statement has been dismissed. 2. Subject .... Petitioner was served with the summons of the suit on 28.11.2018. The written statement was to be filed within 30 days and latest till the...condonable period i.e. upto 29.03.2019. No written statement was filed within the stipulated period or even the extendable CM(M) 329/2020 Page 2 of 2 period of 120 days. Written Statement was filed along...
...1. The Court: By this application, the defendant in a commercial suit seeks extension of time to file written statement. 2. Learned Advocate appearing for the defendant...with law. 4. The provisions relating to filing of written statement, so far as it applies to a suit in the Commercial Division of the High Court, is mandatory. The defendant in a...commercial suit gets 30 days to file written statement from the date of service of writ of summons. Such period can be extended for a further period of 90 days, subject to the Court recording reasons with...
...which the written statement shall be taken on record. Though this is a commercial suit, the written statement is being directed to be taken on record because the main Defendant i.e. Executive Engi...mandatory nature of the 120 days period for filing of written statement in the case of commercial suits, and in several cases, the returnable date after issuance of summons is beyond 120 days.... i. In the order issuing summons, the timelines for filing of written statement shall be specified. In commercial suits the fact that the 120 days period is mandatory and no...
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b) The petitioner may please be permitted to file the written statement by condoning the delay.
2. Sri Subhash J.Baddi, learned counsel for petitioner submitted tha...submitted denial of right to file written statement would result in total miscarriage of justice, especially as he had entered appearance through legal aid counsel. On above grounds, sought to allow writ petition.
..., defendant has filed writ petition, challenging order rejecting application for permission to file written statement in Commercial suit. As per proviso to Order VIII Rule 1 of CPC, permission can be...
...delay in filing the written statement.
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4. This Court has seen the reasons mentioned by the defendants whereby they had sought condonation of ...order and rather the defendant themselves are to be blamed for their miseries as despite being fully aware about the above said suit, they did not file written statement within the stipulated period.
...nature and, therefore, the rigors and stringent provisions with respect to timely filing of written statement in a commercial suit would...
...as an ordinary civil suit on 23.03.2018. Summons in the suit was served on the defendants, and accordingly, defendants filed written statement on 26.11.2018. Thereafter, the commercial Court Act, 2015 was ...Order VIII Rule 1 of CPC on the ground that the written statement was not filed within 120 days as mandated by the Commercial Court Act, 2015. Commercial Court erred in not noticing that the written ...statement filed by the defendants on 05.07.2023 be taken on record and the Commercial Court be directed to expeditiously disposed of the suit, in view of the fact that written statement filed on 26.11.2018...
.... Subject suit was filed as an ordinary civil suit on 23.03.2018. Summons in the suit was served on the defendants, and accordingly, defendants filed written statement on 26.11.2018. Thereafter, the ...statement was filed.
4. Thereafter, an application was filed by the plaintiff under Order VIII Rule 1 of CPC on the ground that the written statement was not filed within 120 days as mandated ...
written statement filed by the defendant on 30.06.2023 be taken on record and the Commercial Court be directed to expeditiously disposed of the suit, in view of the fact...
...in the suit was set aside. According to the learned counsel for the petitioner, the written statement was filed on 06.11.2024 within the 120 days permissible time to file written statement in the ...statement, even the written statement cannot be accepted. I am unable to countenance the said finding by the learned Commercial Judge. Independent of a right to file written statement, the defenda..., the said written statement was not accepted on the ground that there was a delay of 6 days and therefore, the defendant has lost his rights to defend the suit by filing written...
...defend the suit.
2. The suit transferred to the list of commercial causes. Written statement to be filed within a period of ten weeks from today. Affidavit of documents within two...]
:- Heard advocates for the plaintiffs and defendants. The summons for judgment is opposed by the defendants on the ground that the suit is filed on 24-1-1995 and the summons for judgment is taken...weeks thereafter. Inspection of documents within two weeks thereafter. Suit to be placed on board for hearing thereafter. The summons for judgment is disposed of. The Prothonotary & Senior Master to...
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the date of service of summons was over and the learned trial Court refused to accept the written statement. On 31.03.2023, vide Exhibit...trial Court. The limited issue involved in the present petition is whether a written statement can be accepted and taken on record beyond the stipulated time in a commercial suit? For that, Order VIII...twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record.]
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.... Learned Advocate appearing for the defendant submits that the defendant is out of time to file written statement. He submits that the defendant does not object to the transfer of the suit to the Commercial Divisi.... 6. Since the suit is being transferred to the Commercial Division one opportunity to file written statement should be afforded to the defendant particularly in view of the plaintiff seeking.... However, the Court should permit the defendant to file written statement. He seeks two weeks time to do so. 4. The suit is for recovery of price of goods sold and...
...written statement was filed beyond the period of 120 days and the same is against the law laid down in M/s.SCG Contracts India Private Limited Vs. K....days from the date of receiving suit summons, his right to file written statement gets forfeited.
3. In...application to set aside the ex-parte order on 21.12.2023, the Court below received the written statement filed by the respondent along with I.A.No.2 of 2023. The learned counsel further submitted that the...
...condone a delay computed at 509 days in filing a Written Statement. This is not a commercial suit, so there is no absolute time limitation on filing Written Statement.
3. Obviously...G.S. Patel, J.:— The Plaintiffs make a statement that they are deleting the 2 Defendant and withdrawing the Suit unconditionally as against the 2 Defendant since that entity has vacated...Affidavit in Reply which opposes the Application. Mr. Marathe on behalf of the 1 Defendant states that the 1 Defendant proposes to use the Written Statement as a Reply to the Plaintiff's Interim...
...Nitin W. Sambre, J.:— Suit being Summary Suit No. 849 of 2018 was converted as Commercial Suit No. 180 of 2020. Summons/notice of such conversion was served on the Petitioner-Defendant on 28/01/2021 and...refusing him permission to place on record Written Statement and order to proceed Suit against him without Written Statement warrants interference.
2. Learned counsel for the Respondent sup...delaying filing of the Written Statement.
3. Considered rival submissions.
4. It is not in dispute that Petitioner was served under the provisions of Order V Rule 1 of the Civil Procedure Code, 1908. ...
...1. The Court: This application is at the instance of the defendants in a Commercial Suit praying for acceptance of the written statement which has been affirmed after expiry of 30 days of...in the said application wherein the time taken to prepare and affirm the written statement after service of summons have been explained. Mr. Trivedi further draws the attention of the Court to the...passed by the Hon’ble Supreme Court is taken into consideration, the written statement was affirmed within the stipulated time period of 30 days. 3. Mr. Mukherjee, the learned...