Bombay High Court
Wipro Enterprises Pvt Ltd vs Usv Pvt Ltd And Anr on 9 July, 2021
Bench: G.S. Patel
SUPPLEMENTARY BOARD ORDER.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMON ORDER IN SERIAL NOS. 901 TO 1013
ON THE SUPPLEMENTARY BOARD
DATED 9TH JULY 2021
CORAM: G.S. PATEL, J
(Through Video Conferencing)
DATED: 9th July 2021
PC:-
1.
Heard through video conferencing.
2. I have today had listed from serial Nos. 901 to 1013 on the
Supplementary List commercial suits. All are of the value of more
than Rs 100 crores. This is a sub-class or sub-category of
commercial cases, and all cases in this sub-category stand assigned
to this Court. All these matters are governed and regulated by the
Commercial Courts Act, 2015 ("CCA") and the amendments
effected by that Act to the Code of Civil Procedure, 1908 ("CPC").
3. I propose today to issue directions to give the parties a further
opportunity to complete all compliances. Not all these directions
will apply to every case. From Monday, 12th July 2021, I propose to
9th July 2021
SUPPLEMENTARY BOARD ORDER.DOC
list these cases individually in smaller batches to monitor further
progress towards trial of the Suit.
4. In almost every single one of these cases there are pending
interim applications (in some cases more than one). The pendency
of these interim applications does not mean that the requirements of
the CCA, the CPC or the Bombay High Court (Original Side) Rules
("the Rules") in regard to service, filing of written statement etc.
should not be implemented.
5. For convenience, I have attempted to categorize the various
directions.
A MATTERS STILL ON LODGING NUMBERS
(A.1 In all suits still on a lodging number, irrespective of the
date of institution of the suit, office objections are to be
removed and all filing defects cured by 30th July 2021.
(A.2 If this is not done by that date, the suit will be listed
before this Court on the next available date for
directions.
(A.3 Parties and Advocates are put to notice that if there is
non-compliance with these requirements, I will
consider dismissing the suit forthwith. If good cause is
shown, I may consider granting a short extension, but
this will be on terms.
9th July 2021
SUPPLEMENTARY BOARD ORDER.DOC
B SUITS WHERE SERVICE OF WRIT OF SUMMONS IS
NOT COMPLETE
(B.1 In all cases where writ of summons has not been served
on all parties (as per the requirements of the CCA read
with the Rules and the CPC), service is to be effected
on those not served no later than by 6th August 2021.
(B.2 Because these are commercial suits, where expeditious
and quick disposal is the requirement of the statute,
service is permitted directly by the Advocates for the
Plaintiff(s) by reputed courier with proof of delivery. In
addition, service by email is also permitted.
(B.3 Where Advocates have entered appearance for one or
more of the defendants, the requirement of service is
waived.
(B.4 In all cases the writ of summons is to be accompanied
by a true copy of the plaint. The Advocates for the
Plaintiff must ensure to lodge in the Registry sufficient
copies of the plaint.
C SUITS WHERE SERVICE OF THE WRIT OF
SUMMONS IS COMPLETE BUT WRITTEN
STATEMENT(S) ARE NOT FILED
(C.1 In all cases where the service of the writ of summons is
wholly or partially complete, (i.e. some or all of the
defendants are served), but where written statements
have not been filed by the served defendants, or where
9th July 2021
SUPPLEMENTARY BOARD ORDER.DOC
the defendants are deemed to be served on account of
the Advocate having entered appearance, written
statements are to be filed within 30 days from today.
(C.2 This is subject to the statutory restriction that no
written statement is to be accepted if 120 days have
passed since the date of service of the writ of
summons. This direction follows the decision of this
Court (the Hon'ble Mr Justice SJ Kathawalla) in Axis
Bank Ltd v Mira Gehani & Ors.1 This has to be read
with the decision of the Supreme Court in SCG
Contracts (India) Pvt Ltd v KS Chamankar
Infrastructure Pvt Ltd,2 that is to say, where there is an
application by the defendant under Order VII Rule 11,
that time may be extended by the Court. Any such case
where there is a pending order VII Rule 11 application
will be separately listed for directions. Subject to this,
where written statements have not been filed within the
statutory period, the suits will be listed for directions.
(C.3 Where the period of 30 days from the date of service of
the writ of summons has expired but no written
statement has filed, I will consider granting an
extension (not exceeding the statutory limit, and
subject to the law settled by the judgments noted
above).
1 (2019) SCC OnLine Bom 358.
2 (2019) 12 SCC 210.
9th July 2021
SUPPLEMENTARY BOARD ORDER.DOC
(C.4 However, parties and Advocates are put to notice that
any such extension will, of course, be of not more than
two weeks in the first instance and will be subject to an
order of costs. Every extension up to the prescribed
time limit will be considered on merits and only if good
cause is shown. It will also be subject to an escalating
order of costs.
(C.5 In the current pandemic and lockdown period, the
Supreme Court has ordered the suspension of
limitation periods. This will be taken into account while
granting extensions of time for filing written
statements. However, the order of suspension does not
dispense with the requirement of timely completion of
filings, nor the power to order costs, but only that the
statutory bar on receiving written statements after 120
days will presently not operate. Parties and advocates
will bear this in mind. Thus, if the written statement is
beyond the statutory period or the time given in these
directions, whichever is earlier, the Registry is neither
to reject nor accept the written statement but is to
simply place the matter before the Court for directions.
D SUITS IN WHICH THE WRIT OF SUMMONS IS
SERVED AND WRITTEN STATEMENTS HAVE
BEEN FILED.
(D.1 These suits will be separately identified and will be
listed on the next available date for framing issues and
further directions including scheduling the first Case
9th July 2021
SUPPLEMENTARY BOARD ORDER.DOC
Management Hearing as required by Order XV-A of
the amended Code of Civil Procedure, 1908.
E COMMERCIAL SUMMARY SUITS:
(E.1 Where the filing is of commercial summary suit of
more than Rs 100 crores, the appropriate writ of
summons will be issued.
(E.2 The summons for judgment will then be listed (subject
to removal of office objections) on the next available
date.
F FRESH SUITS:
(F.1 As regards fresh commercial suits of the value of Rs.
100 crores and above, these will follow the statutory
norms. In all such cases:
(a) office objections are to be removed within two
weeks of the date of institution of the suit;
(b) writ of summons is to be issued and served
within three weeks of the final numbering of the
suit. Service by courier is permitted with proof
of delivery;
(c) written statements are to be filed within 30 days
of service of the writ of summons or within 30
days of an Advocate entering appearance for the
defendant, whichever is earlier;
9th July 2021
SUPPLEMENTARY BOARD ORDER.DOC
(d) In all fresh suits, soft copies of the plaint, interim
application(s) and annexures will be required.
G NEW FILING NORMS TO BE FOLLOWED
(G.1 All fresh filings after today in this sub-category of
commercial cases will conform to the Full Court
decision of 16th June 2021 regarding filings, i.e. that all
filings will be ONLY on good quality A4-sized white
paper of at least 75 GSM with an inner margin of 5 cm,
an outer margin of 3 cm, in Times New Roman or
Georgia font with a font-size-remove of 14 point throughout.
(G.2 The registry is not to accept any non-conforming filing.
(G.3 This applies to consent terms and minutes of the order,
written submissions or notes of authorities when
permitted and all compilations whether of authorities
or those said (or alleged) to be 'for convenience'.
H PENDING INTERIM APPLICATION(S) ON
LODGING NUMBERS:
(H.1 All pending interim applications or notices of motion
that are still on lodging number will be got finally
numbered by 30th July 2021.
6. The Registry is requested to segregate the pending
commercial suits of the value of Rs. 100 crores and above and to
start listing them for directions in accordance with this order from
26th July 2021.
9th July 2021
SUPPLEMENTARY BOARD ORDER.DOC
7. These directions are subject to periodic revision, as necessary.
8. The matter at Serial No. 914 (Commercial Suit No. 85 of 2015:
National Spot Exchange Ltd v Tavishi Enterprises Pvt Ltd & Ors) is
incorrectly listed on board. It has already been disposed of by an
order dated 1st November 2018. This is noted. The Registry will
update the case status.
9. All concerned will act on production of an ordinary copy of
this order.
(G. S. PATEL, J)
9th July 2021
