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2018 (10) TMI 662 - HC - Indian LawsDoes the Commercial Court have power to take on record, the written statement which is presented beyond the period of 120 days from the date of service of summons on sufficient grounds, preventing the defendant from filing the same being made out? Held that:- The Act envisages that the commercial disputes of specified value shall be dealt with by the Commercial Courts. Appeals against the judgment of the Commercial Court would lie before the High Court Appellate Commercial Division. Section 8 of the Act of 2015 provides for a bar against revision application or petition against an interlocutory order. It provides that notwithstanding anything contained in any law for the time being in force, no civil revision application or petition shall be entertained against any interlocutory order of a Commercial Court, including an order on the issue of jurisdiction and any such challenge; subject to the provisions of Section 13, shall be raised only in an appeal against a decree of the Commercial Court. In the present case, the legislative intent which emerges is that the prescription of time limit for filing the written statement applicable to a Commercial Court is mandatory. Such an interpretation would also be in consonance with the scheme of the Act of 2015 and the objects for enactment of the said act. Petition dismissed.
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