Under the Commercial Courts Act, 2015, read with Order V Rule 1 and Order VIII Rule 1 of the Code of Civil Procedure, 1908 (as amended for commercial disputes), the limitation period for filing a written statement is

 

Under the Commercial Courts Act, 2015, read with Order V Rule 1 and Order VIII Rule 1 of the Code of Civil Procedure, 1908 (as amended for commercial disputes), the limitation period for filing a written statement is:

• 30 days from the date of service of summons (initial period),
• extendable up to 120 days, but no further, even at the court's discretion.

This was affirmed by the Supreme Court in SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors., (2019) 12 SCC 210, where the Court held that the 120-day period is mandatory and not directory, and if the written statement is not filed within this period, the defendant forfeits the right to file it.

Thus, no condonation of delay is permitted beyond 120 days, and the court has no power to extend the time further, even under Section 5 of the Limitation Act, 1963.

Case Name: SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors.
Citation: (2019) 12 SCC 210
Court: Supreme Court of India
Bench: R.F. Nariman and Vineet Saran, JJ.
Date: 12 March 2019

Key Points:

• In commercial disputes under the Commercial Courts Act, 2015, the time limit for filing a written statement is governed by Order VIII Rule 1 and Rule 10 of the CPC, as amended.
• The outer limit is 120 days from the date of service of summons.
• After this period, the right to file a written statement is forfeited.
• The court has no discretion to extend this time beyond 120 days.
• Section 5 of the Limitation Act, 1963 does not apply to this situation.

Other Relevant Cases:

• M/s. OK Play India Limited v. M/s. Apex Financial Advisors Pvt. Ltd., 2021 SCC OnLine Del 4345
• Desh Raj v. Balkishan (D) through Proposed LRs, (2020) 2 SCC 708

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