Delhi High Court
Accurate Freight Logistics And ... vs Avon Logistics And Shipping on 23 January, 2023
Neutral Citation Number 2023/DHC/000584
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23.01.2023
+ CM(M) 96/2023, CM APPL. 3249/2023 & CM APPL. 3250/2023
ACCURATE FREIGHT LOGISTICS AND ORS ..... Petitioners
versus
AVON LOGISTICS AND SHIPPING ..... Respondent
Advocates who appeared in this case:
For the Petitioners : Mr. Gagan Mathur, Mr. Varun Kumar and
Mr. M.D. Jangra, Advocates.
For the Respondent : None.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
1. Petitioner challenges the order dated 17.11.2022 passed in CS
(COMM) No. 328/2022, whereby the learned Trial Court has forfeited
the right of petitioners, who were the defendants before it, from filing
the written statement on the ground that the delay was more than 150
days.
2. Mr. Gagan Mathur, learned counsel appearing for the petitioners
submits that the only manner in which the summons were served upon
the petitioner was WhatsApp which was not accompanied with the copy
of the plaint or the documents attached therewith.
3. Mr. Mathur submits that in the meanwhile, the petitioner had
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Neutral Citation Number 2023/DHC/000584
applied for a certified copy of the plaint along with the documents
which were received on 20.09.2022 and subsequently, the petitioner
sought to file its written statement on 17.11.2022.
4. Mr. Mathur submits that if one were to calculate from the date of
the receipt of the certified copy of the plaint along with the documents
on 20.09.2022, the submission of the written statement of 17.11.2022
though would be beyond 30 days, however, would be within the
extendable period of 120 days as prescribed under the amended CPC in
terms of the amended Commercial Courts Act, 2015.
5. This Court has considered the aforesaid submissions made by Mr.
Mathur, however, is not inclined to interfere with the impugned order
for the following reasons :-
(i) It has been admitted by the petitioner that the summons
were served through WhatsApp on 18.06.2022 though without the
copy of the plaint along with documents.
(ii) The aforesaid submissions does not have any sound factual
basis to it for the reason that from 18.06.2022 through till
17.11.2022, the petitioner had neither moved the learned Trial
Court nor sent any written request to the counsel for the respondent
regarding the non-supply of the plaint along with the documents.
(iii) Having regard thereto, the fact that the certified copy of the
plaint and documents was applied for on 18.06.2022 and having
received the certified copies on 20.09.2022 is irrelevant for the
purposes of reckoning the 120 days, as per the Commercial Courts
Act, 2015.
(iv) A perusal of the record also shows that on 19.07.2022, the
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Neutral Citation Number 2023/DHC/000584
petitioner had appeared through counsel and was directed by the
learned Trial Court to file its written statement within the
prescribed time, if any. Even on 19.07.2022, the petitioner did not
make any grievance out of the non-supply or non-furnishing of the
plaint along with the documents before the learned Trial Court.
(v) This Court in the case of "Machine Tools Aids India vs.
M/S. GNC Infra LLP & Anr.," Neutral Citation No.
2023/DHC/000160, "Shri Lakhan Singh vs. Shri Parmeshwar
Jana", "Royal Golf Link City Projects Pvt. Ltd. & Ors. vs. Times
Innovative Media Ltd." and SCG Contracts (India) Private
Limited vs. K.S. Chamankar Infrastructure Private Limited &
Ors. 2019 SCC OnLine SC 226, has categorically held that the
time period as prescribed under the amended provisions of CPC as
per the Commercial Courts Act, 2015, are strict and mandatory and
there is no leverage that can be given so far as the outer limit of
120 days from the date of service of summons is concerned.
6. In that view of the matter, this Court is of the considered opinion
that the impugned order cannot be interfered with and the same is
upheld. The learned Trial Court shall proceed in accordance with law
from the stage it was last pending.
7. The present petition along with all pending applications is
dismissed with no order as to costs.
TUSHAR RAO GEDELA, J .
JANUARY 23, 2023/nd
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