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Bombay HC – Commercial Suit – Strict 120-Day Limit for Filing Written Statement

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Commercial Suit – Forfeiture of Right to File Written Statement if not filed in 120 days

In 2018, the plaintiff filed the special civil suit for recovery of money against the defendants.  On 18.7.2018 the defendant nos.1 to 6 appeared in the suit and filed application for time to tile WS.

However, on 7.8.2018, the defendants filed applications that the Civil Judge SD has no jurisdiction since the dispute is commercial suit.

On 28.1.2019, the suit was transferred to the Commercial Court and the parties to appear on 11.2.2019.

On 27.2.2019, defendant nos.1 to 4 and 6 filed application for time to file WS and it was granted.  However, the defendants file WS. 

On 26.6.2019, the plaintiff filed an application to proceed the suit without WS.

Thereafter, on 26.10.2021, the defendants filed application for permission to file WS.

By the order dated 15.9.2022, the Commercial Court ordered the suit to proceed with WS.

The attitude of the petitioners is recalcitrant. The suit is filed in the year 2018 and application for permission to file written statement was filed on 26.10.2021 that too when the respondent No.1/plaintiff had filed an application to proceed against the petitioners/defendants without written statement on 26.06.2019. Perusal of the application demonstrates that no good reason is cited for seeking leave to file written 10. WP 8606 OF 2022.odt 29 statement after an inordinately long period mentioned above.

Judgment dated 9.1.2026 of the High Court of Bombay in Civil Writ Petition No.8606 of 2022 of Jawahar Saw Mills Pvt Ltd and others   Vs.  M/s. Ganesh Saw Mill and others

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