Gujarat High Court
Cube Construction Engineering ... vs Surat Municipal Corporation on 17 February, 2021
Bench: N.V.Anjaria, A.S. Supehia
C/SCA/3849/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3849 of 2020
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CUBE CONSTRUCTION ENGINEERING LIMITED
Versus
SURAT MUNICIPAL CORPORATION
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Appearance:
MR SALIL M THAKORE(5821) for the Petitioner(s) No. 1
MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 17/02/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned advocate Mr.Salil Thakore for
the petitioner-the original plaintiff and learned
advocate Mr.Kaushal Pandya for the respondent
Corporation-the defendant.
2. The issue involved in the present petition
is whether the defendant could have been permitted to
file its written statement in response to the
Commercial Civil Suit No.70 of 2019 instituted by the
petitioner. According to submission of learned
advocate for the petitioner-plaintiff, the written
statement came to be accepted by the court below
beyond the time limit of 120 days.
2.1 He relied on the provisions of Order VIII
Rule 10 read with Rule 10, Code of Civil Procedure,
1908 read with Order V Rule 1, CPC, further read with
C/SCA/3849/2020 ORDER
the provisions of, in particular the Schedule to the
Commercial Courts Act, 2015, to contend that time
period of 120 days is the outer limit beyond which
written statement was not liable to be permitted to
be filed. Reliance was placed by learned advocate for
the petitioner on SCG Contracts (India) Private
Limited v. K.S. Chamankar Infrastructure Private
Limited [(2019) 12 SCC 210]. Judgment of the Division
Bench of this Court dated 02nd November, 2017 in
Jayatma Informatics Private Limited v. HCL
Infosystems Limited being Special Civil Application
No.13430 of 2017 was also pressed into service for
the same proposition.
2.2 It was prima facie indicated that the
summons in the Commercial Suit was issued on 10th
July, 2019. It was served on the defendant-respondent
on 12th July, 2019. This was demonstrated by referring
to Pages 73 and 74 in the compilation of the
petition. It appears that the defendant thereafter
prayed for time to file written statement. At one
stage on 19th October, 2019 the Commercial Court
closed the stage to file written statement. As per
the case of the petitioner, the written statement was
subsequently permitted to be taken on record on 22nd
November, 2019. The period of 120 days had already
expired by then, it was submitted.
3. On the other hand, it was submitted on
behalf of the respondent that on 08th November, 2019
an application Exh.12 was submitted praying to reopen
the stage of filing written statement along with
C/SCA/3849/2020 ORDER
written statement but the matter was adjourned. He
referred to Rojkam also, copies of which are part of
the record of the petition.
4. Though without expressing anything on final
merits of the case of the either side, the prima
facie compass of the facts shown above make out a
case that the petition requires to be heard in
detail, further and finally.
5. Rule, returnable on 09th March, 2021.
6. The further proceedings in Commercial Civil
Suit No.70 of 2019 pending before the court of
learned 2nd Additional Senior Civil Judge, Surat shall
not take place till the next date.
7. The Registry shall call for the Record &
Proceedings of the case including Rojkam for perusal
of this Court.
Learned advocate Mr.Kaushal Pandya waives
service of notice of Rule on behalf of the
respondent.
(N.V.ANJARIA, J)
(A. S. SUPEHIA, J)
ANUP
