Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. DEVENDER KUMAR JANGALA, DISTRICT
JUDGE (COMMERCIAL COURT) - 01, NORTH WEST DISTRICT,
ROHINI COURTS, DELHI
CS (COMM.)/144/2023
Pure and Cure Pvt. Lrd. Vs. Premedium Pharmaceuticals Pvt. Ltd. And
Ors.
ORDER ON THE APPLICATION UNDER SECTION 5 OF THE
LIMITATION ACT, 1908
04.11.2025
1. The present application has been filed by Defendant Nos. (1) and (4)
under Section 5 of the Limitation Act, 1963 read with Section 151
CPC, seeking condonation of delay of 47 days in filing the written
statement beyond the prescribed period of 30 days from the date of
service of summons.
2. It is stated by the applicants that the summons of the suit were served
on 05.08.2023, and appearance was entered on 23.08.2023,
whereupon time was granted to file the written statement. It is further
averred that the written statement was eventually filed on 21.10.2023,
resulting in a delay of 47 days. The reason attributed for the delay is
that the relevant documents and transactional data pertaining to the
plaintiff’s claims were spread across different departments of the
defendant company, and considerable time was consumed in
collating, verifying, and preparing a comprehensive defence, which
was neither deliberate nor intentional, but bona fide in nature.
3. Notice of the present application was issued to the Plaintiff. Reply to
the present application has been filed.
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4. The plaintiff has opposed the application, contending that the written
statement was filed after the prescribed period without sufficient
cause and that commercial suits demand expeditious timelines as
mandated under the Commercial Courts Act, 2015.
5. Arguments on this application advanced by Sh. Arvind Jha, Ld.
Counsel for plaintiff and Sh. Vinod Kumar Singh, Ld. Counsel for
defendants already heard. Record perused.
6. The Hon’ble Supreme Court in SCG Contracts India Pvt. Ltd. v. K.S.
Chamankar Infrastructure Pvt. Ltd., (2019) 12 SCC 210, has held that
in commercial suits governed by the Commercial Courts Act, 2015,
the written statement must ordinarily be filed within 30 days from
service of summons, and may be permitted up to a maximum period
of 120 days for reasons recorded and subject to costs, beyond which
the right to file the written statement is forfeited. However, the Court
retains limited discretion to condone delay upon being satisfied that
sufficient cause has been shown and the delay was neither intentional
nor mala fide.
7. In the present case, the written statement was filed within 77 days of
service of summons, i.e., well within the outer limit of 120 days. The
reasons assigned by the defendants for the delay, internal movement
and collation of documents across departments for effective drafting
of the defence, appear to be bona fide and plausible. No mala fides or
deliberate inaction can be attributed to the applicants.
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8. Considering the nature of the explanation and the relatively short
duration of delay, the same deserves to be condoned in the interest of
justice, however, subject to imposition of costs to balance equities
and to discourage procedural laxity in commercial litigation.
9. Accordingly, the delay of 47 days in filing the written statement is
condoned, subject to the applicants paying costs of Rs.10,000/-
(Rupees Ten Thousand only) to the plaintiff by the next date of
hearing. The written statement is taken on record subject to payment
of costs.
10. Application stands allowed in the above terms.
Announced in the open Court today
on this 04th day of November, 2025
(DEVENDER KUMAR JANGALA)
District Judge (Commercial Court)-01
North-West/Rohini/Delhi
04.11.2025
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