Madras High Court
Ntr Memorial Trust vs Canadian Crystalline Water India ... on 12 September, 2024
C.R.P.No.1906 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2024
CORAM
THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI
C.R.P.No.1906 of 2023
and C.M.P.No.12113 of 2023
NTR Memorial Trust,
Represented by its Central Purchase Manager,
Mr.D.Rajiv Reddy,
NTR Trust Bhavan,
Road No.2, Banjara Hills,
Hyderabad – 500 034 ...Petitioner
vs.
Canadian Crystalline Water India Limited
Represented by its Vice President,
Mr.N.Balakrishnan,
No.7B, Parivakkam Road,
Senneerkuppam,
Poonamallee, Chennai – 600 056 ... Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India to set aside the Docket Order dated 17.04.2023 made
in I.A.No.3 of 2023 in COS.No.546 of 2022 on the file of the Sub Court,
Poonamallee.
Page No.1/6
https://www.mhc.tn.gov.in/judis
C.R.P.No.1906 of 2023
For Petitioner : Ms.R.Arthi
for Mr.Dama Seshadri Naidu
Senior Advocate
For Respondent : Mr.Gowtham S.Raman
ORDER
This Civil Revision Petition has been filed by the defendant against
the order passed in I.A.No.3 of 2023 in C.O.S.No.546 of 2022 on the file of
Sub-Court, Poonamallee.
2. The defendant moved an application under Order IX Rule 7 of
Code of Civil Procedure, 1908 (hereinafter referred to as CPC) for setting
aside the order of exparte dated 23.01.2023.
3. The said petition was taken on file by the trial Court in I.A.No.3 of
2023, wherein the below said order was passed, which is impugned
hereunder:
“This petition is filed to set aside the exparte order
passed against the defendant for non-filing of written
statement. Defendant has acknowledged the summons on
16.09.2022 and has been set exparte on 23.01.2023. This
court has no power to receive the written statement after the
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expiry of 120 days under the commercial court Act, 2015 and
consequently the written statement filed along with this
petition on 20.02.2023 cannot be received in the suit.
Ignorance of law is not an excuse and the grounds in this
petition being devoid of merits stands rejected, ab initio. In
the result, this petition stands rejected.”
4. A bare perusal of the plaint would clearly show that the plaint was
filed under Order VII Rule 1 of CPC read with Section 2(C) (xviii) and
Section 6 of Commercial Courts Act, 2015 (hereinafter referred to as CC
Act) for recovery of money of Rs.20,01,859/- and for costs.
5. Ms.R.Arthi, learned representing counsel for the petitioner would
strenuously contend that the defendant is not aware that the plaint is filed
under CC Act.
6. Mr.Gowtham S.Raman, learned counsel for the respondent per
contra would vehemently argue that the suit itself is filed under Section 6
of the CC Act and the defendant is not permitted to take the stand. He
would further contend that the trial Court has rightly rejected the petition, at
the admission stage itself stating that the Court has no power to take the
written statement after the expiry of 120 days as per provision of law. To
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substantiate the same, reliance was placed to the judgment made in
O.S.A.Sr.No.123051 of 2019 of this Court dated 13.04.2022.
7. As per the amended provision of Order VIII Rule 1 of CPC, the
defendant shall file the written statement within a period of 30 days and at
the instance of the defendant for the reasons to be recorded by the trial
Court. The period shall not be later than 120 days from the date of service
of summons and the proviso to Order VIII Rule 1 reads that on expiry of
120 days from the date of service of summons, the defendant's right to file
the written statement is forfeited.
8. Admittedly, the application under Order IX Rule 7 read with
Section 151 CPC was filed by the revision petitioner/defendant on
20.02.2023. The summon was served to the defendant on 16.09.2022.
Therefore, from the said date within 120 days, he should have filed the
written statement. 120 days gets completed on 11.01.2023 and the above
said petition was filed on 20.02.2023.
9. Based on the above said discussions and observations, I find no
infirmity or perversity in the order passed by the trial Court. In the result,
this Civil Revision Petition stands dismissed. There is no order as to
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costs. Consequently, connected Civil Miscellaneous Petition stands
closed.
12.09.2024
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
mac
To
The Sub Court, Poonamallee.
https://www.mhc.tn.gov.in/judis
R.KALAIMATHI, J.
mac
and C.M.P.Nos.12113 & 12113 of 2023
12.09.2024
https://www.mhc.tn.gov.in/judis
