Whether defendant can ask for extra time to file its defense in commercial suit if he has received an incomplete paper with summons?

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A filed a commercial suit against B. B receipt the summon but failed to file WS within prescribed time. The defense was struck off. Mr. B filed writ under article 227 against the order alleging that it has received the complete paper book on a later date and limitation must commence from date of receipt of complete summon/ paper book. Hon’ble Delhi High Court held as under:[1]

Shubham Budhiraja[2]

1.    This Court is of the opinion that if the Petitioners had sincerely not received the entire paper book with the summon on 27.07.2022; they were legally obliged to approach the Trial Court at the earliest for seeking the copy of the paper book so that written statement is filed within limitation.

 

2.    However, the Petitioners admittedly at no stage approached the Trial Court for supply of the paper book. The 120 days expired on 24.11.2022. No such grievance was made before the Trial Court on 19.12.2022 when the impugned order was passed.

 

3.    In view of the aforesaid circumstances, as per the mandatory provision of the Act of 2015 and as settled by the Supreme Court in SCG Contracts (India) Private Limited v. K.S. Chamankar Infrastructure Private Ltd. And Ors, (2019) 12 SC 210, the Trial Court therefore, correctly held that the right of the Petitioners to file the written statement stands forfeited.


[1] NPM Distributors v. Clide International, CM(M) 425/2023, Delhi High Court

[2] Advocate, Delhi High Court [LLB, ACS, BCOM(H)], Budhirajalawchambers@gmail.com

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