Arm Tech India Ltd. vs M/S Gold Tech Aluminim India ...
2022 Latest Caselaw 16995 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 9531 of 2022
 

 
Petitioner :- Arm Tech India Ltd.
 
Respondent :- M/S Gold Tech Aluminim India Pvt.Ltd
 
Counsel for Petitioner :- Manish Trivedi
 
Counsel for Respondent :- Saroj Kumar Tiwari,Ram Kishore Pandey
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the parties.

By the present petition, the petitioner has approached this Court to stay the effect and operation of the impugned order dated 05.08.2022 passed by Presiding Officer, Commercial Court, Gautam Budh Nagar in Civil Suit No. 104 of 2018 (M/s Gold Tech India Pvt. Ltd. Vs. Arm Tech India Ltd.).

The facts of the case are that a suit was filed before the Commercial Court for recovery of money. The defendant-petitioner appeared in the suit on 17.04.2018. On 24.10.2018 he had filed a application under Order 7 Rule 11 C.P.C. and the same stand dismissed. Thereafter, he filed his written statement and the same is rejected by the impugned order dated 05.08.2022 on the ground that the same is filed beyond of the maximum period of 120 days which can be granted for filing of a written statement under Order 8 Rule 1 C.P.C. by a Commercial Court as per the amended C.P.C.

Counsel for the respondent strongly relied upon the judgment of Supreme Court in the case of M/S SCG Contracts India Pvt. Ltd. Vs. K.S. Chamankar Infrastructure Pvt. Ltd. and others reported in (2019) 12 SCC 210. In the said judgment the Supreme Court has held that the court is bound by the time fixed under Order 8 Rule 1 C.P.C. in asmuch as the consequences of not filing of the written statement within time is also provided. The Supreme Court has specifically held that the court thereafter cannot even exercise its power under Section 151 C.P.C. for extension of time, as the same would be in contradiction to the specific provisions.

Learned counsel for the petitioner could not dispute the said legal preposition settled by the Supreme Court.

In view thereof, there is no force in the present petition and is dismissed.

Order Date :- 14.11.2022

Krishna*

(Vivek Chaudhary,J.)