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2021 (2) TMI 1363 - HC - Companies LawSuspension of the period of limitation to file written statement - denial Order V Rule 1 and Order VIII Rule 1 of the Code of Civil Procedure 1908 - HELD THAT:- In the facts of the present case, the prescribed time to file written statement by the applying defendants had expired on March 8, 2020 or thereabouts, at least way before the order dated March 23, 2020 passed by the Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020 [2020 (5) TMI 418 - SC ORDER] came into being. The order dated March 23, 2020 has prescribed that the same is to be construed to be effective from March 15, 2020. The original period of 30 days to file written statement by the applying defendants had expired much before March 15, 2020. The order dated March 23, 2020 of the Hon’ble Supreme Court and the subsequent orders with regard to the period of limitation has been explained by the Hon’ble Supreme Court in Sagufa Ahmed and others [2020 (9) TMI 713 - SUPREME COURT] by stating that, “what was extended by the above order of this Court was only ‘a period of limitation’ and not the period of limitation up to which delay can be condoned in exercise of discretion conferred by this statute”. Section 16 of the Act of 2015 has laid down that, the provisions of the Code of Civil Procedure, 1908 shall, in their application to any suit in respect of a commercial dispute of a Specified Value, stand amended in the manner as specified in the Schedule. In sub-section (2) thereof it has specified that, the Commercial Division and the Commercial Court shall follow the provisions of the Code of Civil Procedure, 1908, as amended by the Act of 2015 in the trial of a suit in respect of a commercial dispute of a Specified Value. The second proviso to Order V Rule 1 and the proviso to Order VIII Rule 1 as have been amended by the Act of 2015, has prescribed an outer limit of 120 days for filing of written statement by a defendant, from the date of service of the writ of summons on such defendant. This period of 120 days has been divided into two parts. The first part is of 30 days from the date of service of the writ summons on the defendant. In this period of 30 days, the defendant is entitled to file written statement in the suit, unquestionably - The original period of limitation for filing written statement has been prescribed to be 30 days with a condonable period of 90 days thereafter being available to the Court to condone the delay in filing the written statement within 30 days, provided the Court records the reasons for doing so and the defendant pays such costs at the Court may deem fit. The object of the Act of 2015 has been stated to provide for speedy disposal of high value commercial disputes. The applying defendants have not ascribed any reason as to why the applying defendants could not file written statement within the period of 30 days from the date of service of the writ of summons on them. In the facts of the present case, it is found that the applications of the applying defendants for extension of time to file written statement to be bereft of material particulars. The applying defendants have not exhibited any promptness in having the written statements prepared and filed. Application dismissed.
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