Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5 CS (COMM.) 46/24
CANARA BANK Vs. BALVINDER SINGH
10.02.2026
Present: Sh.Sanjeev Chopra, Ld. Counsel for plaintiff.
Defendant Sh. Balvinder Singh in person.
Sh. Harsh Behl, Ld.counsel for defendant.
Vakalatnama on behalf of defendant filed.
Defendant is served through process server on 18.08.2025. However,
despite being served written statement is not filed on behalf of defendant.
The defendant has failed to file written statement within the stipulated
period of 30 days or within the extended period of 120 days. The Hon’ble Supreme
Court of India, in Civil Appeal No.1638/2019, in case titled as ‘M/s SCG Contracts
India Pvt. Ltd. Vs. K.S. Chamankar Infrastructure Pvt. Ltd & Ors’, dated 12.02.2019,
has been pleased to held as under:-
“A perusal of these provisions would show that ordinarily a
Written Statement is to be filed within a period of 30 days. However,
grace period of a further 90 days is granted which the Court may employ
for reasons to be recorded in writing and payment of such costs as it
deems fit to allow such Written Statement to come on record. What is of
great importance is the fact that beyond 120 days from the date of service
of summons, the defendant shall forfeit the right to file the Written
Statement and the Court shall not allow the Written Statement to be taken
on record. This is further buttressed by the proviso in Order VIII Rule 10
also adding that the Court has no further power to extend the time beyond
this period of 120 days”.
In view of settled law, this court has no power to extend the time beyond
the period of 120 days for filing the written statement. Therefore, in the present facts
and circumstances, the right of the defendant Balvinder Singh to file written statement
is closed and his defence is struck off.
There is possibility of settlement. At joint request,
vide separate referral
order, matter is referred to Mediation Centre, Rohini Courts. Parties are directed to join
mediation proceedings on 13.02.2026 at 02:00PM. Parties as well as counsels shall
make genuine efforts for amicable settlement.
Put up for report of mediation centre / further proceedings on
21.04.2026.
( Devender Kumar Jangala )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
10.02.2026
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