Calcutta High Court
Mamta Jaiswal vs Apl Metals Limited on 21 March, 2023
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OCD-3
ORDER SHEET
IA No.GA 3 of 2023
In
CS 142 of 2022
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
(COMMERCIAL DIVISION)
MAMTA JAISWAL
VS.
APL METALS LIMITED
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 21st March, 2023.
Mr. Souradeep Banerjee, Ms. Sanjana Sinha, Mr. Abhidipto Tarafder, Advocates for the plaintiff.
Mr. Srijib Chakrobarty, Mr. Aditya Mondal, Advocates for the defendant. The Court : GA 3 of 2023 is an application for permitting the defendant to file its written statement after condoning a delay of 150 days in filing the same. The law in this regard has now been well settled. The amended provision of Code of Civil Procedure, 1908 (in short CPC) which is made applicable in respect of suits filed in the Commercial Division of this Court by virtue of the provision of Section 15 of the Commercial Courts Act, 2015 leaves no room for condonation of delay beyond 120 days from the receipt of the Writ of Summons. A written statement if not filed within 120 days from the date of receipt of the Writ of Summons leads to a situation where the defendant forfeits its right to file the same. This position has been made further clear by the judgment reported in (2019) 12 SCC 210 [SCG Contracts (India) Private Limited Vs. K. S. Chamankar Infrastructure Private Limited And Others) as cited by the plaintiff.
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On behalf of the defendant/applicant an adjournment is sought for to consider this judgment in the perspective of its case where the defendant says that the situation being beyond the control of the defendant the written statement could not be affirmed.
Although, the law is well settled, yet for the ends of justice, the matter is adjourned till 28th March, 2023 to grant the learned Advocate for the defendant to consider the judgment. It is made clear that no further adjournment will be given to the defendant on the next date.
(ARINDAM MUKHERJEE, J.) pa