Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 681/2023
CNR No:- DLNW010083922023
STATE BANK OF INDIA
Vs.
SH.BISWAJIT BARMAN
06.08.2026
Present: Ms. Shivani, Ld. Counsel for plaintiff through video
conferencing.
None for defendant.
The defendant was served by way of publication in
the newspaper ‘Veer Arjun’ and the ‘The Assam Tribune’ on
28.03.2026. However, despite being served neither written
statement is filed nor anybody has appeared 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
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2.
STATE BANK OF INDIA
Vs.
SH.BISWAJIT BARMAN
circumstances, the right of the defendant Sh. Bishwajit Barman
to file written statement is closed and his defence is struck off.
The defendant is also proceeded exparte due to non appearance.
From the pleadings of the plaintiff, following
notional issues are framed:-
1.Whether the plaintiff is entitled for the
recovery of the suit amount of Rs.12,27,899/-,
as prayed? (OPP).
2. Whether the plaintiff is entitled to any
interest?, if yes, at what rate and for which
period? (OPP)
3. Relief.
No other issue arises or is pressed/claimed.
Be put up for exparte evidence of the plaintiff on
22.10..2026.
( Devender Kumar Jangala )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
06.08.2026.
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