Model Arguments Against Delay (or in Commercial Disputes)

 

🔹 Model Arguments Against Delay (or in Commercial Disputes)

✅ Strict timeline under Commercial Courts Act

• Cite SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. (2019) 12 SCC 210.

• Argue: In commercial suits, written statement must be filed within 120 days; beyond that, the right is forfeited, and the court has no discretion.

✅ Legislative intent for speedy disposal

• The Commercial Courts Act aims to ensure time-bound, efficient proceedings; the defendant’s delay frustrates this objective.

✅ Precedent bars condonation

• As clarified in Bharat Kalra v. Raj Kishan Chhabra (2022), the Supreme Court emphasized that no further extension is permissible beyond 120 days.

✅ Delay is intentional / tactical

• Highlight any evidence suggesting that the delay was a deliberate attempt to stall or frustrate the suit.