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...on 02.11.2017 as noted in the order dated 03.11.2017.3. Since the defendant failed to file the written statement within 120 days, the learned Trial Court right rejected such application per O...the written statement and lastly on 11.10.2017 his right to file the written statement was closed, after 120 days of the date of notice. It is alleged the defendant filed the written ...petitioner/defendant in Civil Suit No. 411/2017 was dismissed and his right to file the written statement was declined on the plea that he had failed to file the written statement within a statutory period...
...and payment of such costs as it deems fit to allow such written statement to come on record. What is of great importance is the fact that beyond 120 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. This is further buttressed by the proviso in Order VIII Rule 10 also adding...order dated 05.12.2017. We do not wish to enter upon this speculative arena. He then argued that since this judgment permitted him to file the written statement beyond 120 days, it was an act of the...
...aggrieved appellant approached the High Court in revision, which noted how he had been granted repeated opportunities and yet the written statement was not filed within 120 days of notice. Relying upon the order of...did not appear before the court. After noticing that despite several opportunities (including one beyond the maximum period of 90 days), the appellant had failed to file any written statement or...civil court granted the appellant 30 days to file his written statement. On 17-7-2017, noting that no written statement had been filed till then, the court granted the appellant a final opportunity of...
...statement began to run from that date. The outer limit of 120 days expired on 26 March 2016 and the written statement was filed by Defendants 1, 3 and 5 on 7 May 2016.5. Mr. Rajat Kumar furt...to extend the time for filing written statement beyond 120 days after service of summons no longer survives in view of the amendments to the CPC brought about by the Schedule to the Act. The outer...summons up to which the Court can grant time to file written statement. It categorically states that “on expiry of 120 days from the date of service of summons, the Defendant shall forfeit the right to...
...Judge - 1, Pune below Exh. 16 in Special Civil Suit No. 22 of 2018, by the Respondent's Application seeking permission to file Written Statement beyond 120 days was allowed subject to paying costs of...Rs. 25,000/- to the Petitioner.
3. Learned counsel for the Petitioner submits that the learned Judge could not have extended the period of 120 days for filing Written Statement...
...Section 151 of CPC enclosing written statement seeking permission to file written statement on
1 3.09.2023. It is contended that I.A filed along with ...SCG CONTRACTS (INDIA) (P) LTD. V. K.S. CHAMANKAR INFRASTRUCTURE (P) LTD.,1Learned counsel would submit that ....
6. In the case on hand, Trial Court has accepted written statement filed by respondent/defendant along with application seeking permission. It is the contention of the petitioner/plaintiff that ...
...statement beyond 120 days from the date of service of summons and defendants are to file written statement within the time
- 4...25.07.2022. Admittedly, as on the date the written statement was sought to be filed, the period of 120 days had expired and it was beyond the period of six months from the date of service of summons. The.... & Ors. reported in (2019) 12 SCC 210 and concludes that there can be no extension of period for accepting the written statement beyond 120 days. The said finding of the trial court in light of...
...justice. Thus, he prays for allowing the petition and to accept the written statement filed by defendant No.2 on 16.11.2019.
6. Per contra, learned counsel Sri.K.S.Raghavendra for respondent would s...served on defendant No.2 on 29.06.2019 and the second defendant/petitioner ought to have filed written statement on or before 27.10.2019, but the written statement is filed on 16.11.2019 beyond ...permitted under amended provision. As there is statutory bar to receive the written statement beyond 120 days, the Commercial Court is justified in passing the impugned order. Thus, he prays for...
...-ordinate Bench of this court has held that the discretion of the court to extend the time for filing written statement beyond 120 days after service of summons no longer survives in view of the...present application is that the opportunity granted by this court vide order dated 05.12.2017 to file written statement is contrary to the statute as 120 days had already expired by the date written.... The counsel for the defendant No. 1 now states that seven days time be granted to file written statement.10. None appears for the plaintiff inspite of advance copy stated to have been...
..., (Commercial Courts Act) the Court is not empowered to condone the delay in filing the written statement beyond 120 days from the date of service, condoned the delay beyond the said ...it is not in dispute that the defendant did not file the written statement within 120 days of service and the learned Joint Registrar has notwithstanding the dicta of this Court in order dated 11...delay in filing the written statement subject to payment of costs of Rs. 5,000/- by the defendant to the plaintiffs/appellants.2. The counsel for the plaintiffs/appellants has argued that...
...provision demands that the defendant forfeit his right to file a written statement. Apart from this, it further directs the Commercial Court should not allow the written statement to be taken on record. 9.A reading...embargo on the Court from receiving written statement once the period of 120 days has expired. The Act has not enabled the Court to extend the time for filing the written statement beyond..., a defendant is granted 30 days time to file his / her written statement from the date the summons is served on him. This time is extended by a further period of 90 days. On the lapse of 120 days...
...statement beyond 120 days and since the petitioner had sought to file the written statement i.e., after 125 days, the question of permitting the petitioner to file written ...petitioner-defendant entered appearance and filed the instant application for permission to file the written statement by extending period of filing the written statement by five days. Along with the said...(for short 'Commercial Court'), whereby the application filed by the petitioner- defendant under Section 151 of CPC seeking permission to file written statement was rejected by the Commercial Court...
...filing a written statement beyond 120 days of the receipt of the summons by the defendant. But that would not mean that in every case the Court must automatically extend the time or can extend the time...filed beyond 90 days could not be accepted. Thus, the prayer of the plaintiff was accepted and the defendant was debarred from filing a written statement.3. When this proceeding under..., eight days beyond the period of 90 days. If the defendant pleads that he misunderstood the order of the Court as fixing the time for filing the written statement as 10-2-2004, it cannot be said that...
...delay beyond 120 days in non-commercial civil suits can be condoned, subject to adequate compensation to the plaintiff. He submits that in the instant case, the defendant is the Union of India and that only on account of ce...Court to condone any delay beyond 120 days, for filing the written statement. He emphasized that the validity of Rule 4 of the DHC (OS) Rules has been upheld by this Court in...) has laid to rest the debate on the ability of courts to condone delay in filing of written statement beyond 120 days in a noncommercial suit. Rule 4 circumscribes the power of court...
...Calcutta. The petitioner is aggrieved by an order dated December 4, 2019 by which the learned Court below refused to accept the written statement filed on behalf of the defendant and fixed the suit for ex parte hearing....statement, unless the defendant satisfied the Court as to the exceptional circumstances due to which, the said written statement was filed belatedly. The learned Court below observed that several dates were given to file th...and lastly by an order dated August 6, 2019 the learned Court below fixed November 19, 2019 for filing the written statement as a last chance. The defendant filed the written statement on the said date....
....4. The learned court below was of the opinion that although the petitioner was present in court on two occasions, yet the petitioner failed to file the written statement on those dates and the explanati...10 and Order 5 Rule 1(1) CPC by Act 4 of 2016 were mandatory in nature, and the court did not have any power to extend the time to file the written statement beyond 120 days from the date of service...not mandatory in nature and, as such, the court being satisfied of the hardship and the situation which prevented a party from filing the written statement on time could extend the time beyond 120 days in...
...prescribed period of limitation is the initial period of 30 days as provided under Order VIII Rule 1. However, if a defendant fails to file the written statement within the said prescribed period of 30 days, an add...unambiguous and to the effect that a defendant in a matter covered by The Commercial Courts Act, 2015 will not be permitted to file its written statement beyond 120 days.9...of filing the written statement. The prescribed period of 30 days ended on 2 January, 2020 and the additional 90 days (120 days under the Amendment) ended on 31 March, 2020. The application was fi...
....O4.2023 seeking to set aside the order dated 12.04.2023 forfeiting the right to file the written statement. The aforesaid application has been rejected by the Commercial Court on the ground that the Court has no power to permit fil...12 2022 ' The petitioners were required to frle the written statement on or before' L4.O3.2023 i.e', within a period of 120 days'
5. Afterthe service of...petitioners had not filed the written statement within the stip;;d time of 120 iLays'
the
4
l Commercial...
...under Commercial Courts Act, the Court cannot relax the time for filing the written statement beyond 120 days. However, in the instant case, the nature of the suit being changed, 120 days...(s) as this Hon'ble Court may deem fit, in the interests of justice and equity."
3. The petitioner has filed her written statement within time. However, in the course of...circumstances, the petitioner/ defendant made an application under Order VI Rule 17 to amend the written statement. It pertain to non-depositing of statutory dues regarding the rents collected from the...
...Courts Act, 2015, (Commercial Courts Act) the Court is not empowered to condone the delay in filing the written statement beyond 120 days from the date of service, condoned the.../ appellants has argued that it is not in dispute that the defendant did not file the written statement within 120 days of service and the learned Joint Registrar has notwithstanding the dicta of this Court...delay beyond the said 120 days. 3. The Chamber Appeal is accompanied with an application for condonation of two days delay in filing thereto. The delay is attributed to the...