Ambawatta Buildwell Pvt Ltd vs Imperia Structure Limited & Ors on 10 May, 2019
39. It has been held in Godfrey Phillips India Limited Vs. P.T.I.
Private Limited 2017 SCC OnLine Del 12509, Mallcom (India) Limited
Vs. Rakesh Kumar (2019) 259 DLT 1 and K.R. Impex Vs. Punj Llyod
Ltd. 2019 SCC Online Del 6667 that if the Commercial Courts
empowered to pass summary judgment are also to allow trial on such
mala fide pleas taken as an afterthought, to wriggle out of admission of
liability, when in fact the defendant has no real prospect of defending the
claim, the same would not subserve the whole purpose of enactment of the
Commercial Courts Act, 2015 and treating commercial suits differently
from ordinary suits. It is not as if some officers of the defendant/Counter
CS(COMM) 141/2016 Page 23 of 25
Claimant sitting in the Police Station made a statement which was
incorrectly recorded. Here, in the Chamber of the Advocate for the
defendant/Counter Claimant, the complaint was got typed, got signed
from the defendant/complainant and filed and pursued in the Court, an
order of registration of FIR on the basis thereof obtained and the
defendant/Counter Claimant, merely by writing a letter as the letter dated
27th February, 2017 cannot undo an admission.