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1 - 10 of 25 (0.62 seconds)THE COMMERCIAL COURTS ACT, 2015
Article 226 in Constitution of India [Constitution]
Section 16 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
Kailash vs Nanhku & Ors on 6 April, 2005
In other words, not permitting the
defendant to file written statement, if submitted
beyond the period of 120 days from the date of
submission of the summons cannot be said to be
unreasonable. The object and purpose to provide
such a time limit is required to be considered while
considering the object and purpose of enactment of
the Commercial Courts Act, 2015 which is enacted
for speedy disposal of the commercial disputes and
which provides for special mechanism for speedy
disposal of the commercial disputes. Under the
circumstances, the aforesaid decisions taking the
view that time limit provided under the Code of Civil
Procedure to file written statement within a
particular time limit is directory and not mandatory
shall not be applicable to the facts of the case on
hand, more particularly with respect to the aforesaid
provisions viz., Order V Rule 1; Order VIII Rule 1
and Order VIII Rule 10 CPC which shall be
applicable to the commercial disputes only. Even the
observations made by the Hon'ble Supreme Court in
the case of Kailash v. Nanhku [Supra] that the
rules of procedure are the handmaid of justice, the
provisions of CPC or any other procedural
Page 15 of 33
C/SCA/11710/2018 JUDGMENT
enactment ought not to have been construed in a
manner which shall leave the Court helpless to
meeting extraordinary situations in the ends of
justice, also shall not be applicable while construing
and/or considering the time limit prescribed under
the amended provisions, more particularly Order V
Rule 1; Order VIII Rule 1 and Order VIII Rule 10
CPC more particularly while considering the object
and purpose for which the Commercial Courts Act,
2015 has been enacted and the aforesaid provisions
are made applicable only to the commercial disputes
to which the Commercial Courts Act, 2015 shall be
applicable."