In the instant case of Pratishtha Commercial (P) Ltd. v.Orissa State Cooperative Milk Producer’s Federation Ltd. The defendant responded to the plaintiff’s lawsuit in the Commercial Division by applying to have the plaint rejected after receiving the summons. After 120 days had passed since the Writ of Summons was served, the petitioner came before this court.
Relevant provisions of law
According to Order 8 of the Code of Civil Procedure from 1908 and Section 16 of the Commercial Courts Act from 2015, the written statement must be filed within 30 days from the date of receipt of the Writ of Summons, with a maximum extension of 120 days.
The plaintiff claimed that the Writ of Summons was delivered on January 18, 2023, and they supported their claim with tracking information from the postal authorities’ official website.
According to the defendant, a summons was served on 03-02-2023. The defendant further argued that even if the Writ of Summons’ date of service is assumed to be 18-01-2023, the written statement was confirmed and affirmed on 18-05-2023, or 120 days after that service.
Analysis of Court Decision
Justice Arindam Mukherjee of the Calcutta High Court’s Singh bench ruled that the deadline for submitting a written statement may be extended depending on the circumstances of the case and accepted the defendant’s written statement, which was confirmed and affirmed on the 120th day following the delivery of the summons.
The Court had relied on the decision of the supreme court bench in the case of SCG Contracts India Ltd. v. K. S. Chamankar Infrastructure Ltd, the defendant loses its right to file a written statement after 120 days, but the Supreme Court held in Prakash Corporates v. Dee Vee Projects Ltd that there can be a deviation from this particular point of view depending on the facts of the case. The Court permitted the defendant’s written statements to be filed after seeing that the defendant had checked and acknowledged their written statements on the 120th day after receiving the Writ of Summons.