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Commercial Suits: 120 Days Deadline To File Written Statement Mandatory

In CIVIL APPEAL NO. 1638 OF 2019, M/S SCG CONTRACTS INDIA PVT. LTD. vs K.S. CHAMANKAR INFRASTRUCTURE PVT. LTD. & ORS., a Special Leave Petitions was filed before the Supreme Court against Delhi High Court orders allowing a written statement filed by the defendants even though 120 days had elapsed from the date of service of summons of this Suit.

The Supreme Court has observed that proviso added to the Code of Civil Procedure by Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, is mandatory and no written statement can be taken on record in commercial suits, if it is not filed within 120 days from the date of service of summons of the Suit.


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