in C.S.No.857 of 2015 R.SUBRAMANIAN, J. This…
The delay of 30 days in filing the written statement is condoned. The application is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.2820 of 2021 in C.S.No.857 of 2015
R.SUBRAMANIAN, J.
This application has been filed seeking condonation of delay of 30 days in filing the written statement.
2. Though this is a commercial suit, the suit was filed in 2015 and was taken cognizance of by the Commercial Division only on 22.01.2021. Therefore, as per Proviso to Section 15 of the Act, SubRule 1 of Rule 1 of Order V of the Code of Civil Procedure as amended by the Commercial Courts Act, 2015 will not apply to this suit.
3. Accepting the averments made in the affidavit filed in support of this application this application is allowed and the delay of 30 days in filing the written statement is condoned.
dsa
16.08.2021
2 issues framed by the court
Whether condonation of delay of 30 days in filing the written statement is allowed under proviso to Section 15 of the Commercial Courts Act, 2015
Whether provisions of Order V Rule 1 of CPC apply to a suit filed in 2015 taken cognizance in 2021 before Commercial Courts
2 provisions across 2 enactments
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
