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Jawahar Saw Mills Pvt. Ltd. Thr. ... vs M/S. Ganesh Saw Mill Thr. Manager ... on 9 January, 2026
cites
THE COMMERCIAL COURTS ACT, 2015
Section 15 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005
Placing reliance on judgment in the case of Salem
Advocate Bar Association (supra) the Hon'ble Supreme Court
quashed the said order permitting the filing of written
statement.
M/S Scg Contracts India Pvt. Ltd. vs Ks Chamankar Infrastructure Pvt. Ltd. on 12 February, 2019
The Hon'ble Supreme Court has thereafter
referred to its judgment in the matter of SCG Contracts India
Pvt. Ltd., Vs. K. S. Chamankar Infrastructure Private Ltd and
Others reported in (2019) 12 SCC 210 and has held that the
outer limit of 120 days which is applicable to a suit which is
instituted before Commercial Court cannot be applied to a
suit which is filed before a normal Civil Court and then
transferred to Commercial Court. The ratio of the judgment
of the Hon'ble Supreme Court is that if a "no written
statement" order is passed by a Civil Court and thereafter the
The Companies Act, 1956
Kailash vs Nanhku & Ors on 6 April, 2005
It was in that context that in Kailash v.
Nanhku it was stated that the extension of time
beyond 90 days was not automatic and that the court,
for reasons to be recorded, had to be satisfied that
there was sufficient justification for departing from the
time-limit fixed by the Code and the power inhering in
the court in terms of Section 148 of the Code. Kailash
is no authority for receiving written statements, after
the expiry of the period permitted by law, in a routine
manner.
Atcom Technologies Ltd vs Y.A. Chunawala And Co. on 7 May, 2018
20) In the case of Atcom Technologies Ltd. Vs. Y. A.
Chunawala and Company and ors., reported in (2018) 6 SCC
639 delay of around 5 years in filing written statement was
condoned by the order impugned. The High Court found that
there was a delay of around 7 years in service of suit
summons and, therefore, found it appropriate to condone the
delay in filing written statement by imposing cost of
Rs.5,00,000/-. The matter went before the Hon'ble Supreme
Court.
Desh Raj vs Balkishan (D) Through Proposed Lr Ms. ... on 20 January, 2020
21) In the case of Desh Raj Vs. Balkishan, reported in
(2020) 2 SCC 708, the Hon'ble Supreme Court held that
although Order VII Rule 1 is directory, it cannot give a free
hand to the defendant to file written statement at his sweet