Search Results for "written statement delay"

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Search Results for "written statement delay"

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High Court

High Court of Bombay at Goa Allows State's Writ Petition Against Rejection of Written Statement — Delay Condoned Due to Administrative Bottlenecks. Order VIII Rule 1 CPC Held Directory; Trial Court Directed to Consider Condonation Application on Merits.

11 Oct 2011

The State of Goa and its officers (petitioners) filed a writ petition challenging an order dated 4 June 2011 passed by the learned Principal District ...

High Court

Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement — Delay of 9 years and 79 days condoned subject to costs of Rs.15,000/- as sufficient cause shown and no prejudice caused to plaintiff.

10 Oct 2019

The petitioner-plaintiff filed a suit for recovery of Rs.21,00,000/- paid as part consideration for purchase of a flat. The suit was dismissed in defa...

High Court

Bombay High Court Allows Petition in Commercial Suit Due to COVID-19 Pandemic — Delay in Filing Written Statement Condoned. The Court held that the pandemic constituted sufficient cause for extension of time under Order VIII Rule 1 CPC and Section 16 of the Commercial Courts Act, 2015, and the trial court's rejection was erroneous.

13 Dec 2021

The petitioners, defendants in a commercial suit filed by Pyrotek India Private Limited, challenged the order of the learned District Judge (Commercia...

High Court

Bombay High Court Allows Filing of Written Statement to Counterclaim Beyond 90 Days — Condonation of Delay Granted Due to Court Vacations and Lack of Objection. Order 8 Rule 6A CPC does not prescribe a specific period for filing written statement to counterclaim; the period of 90 days under Order 8 Rule 1 CPC is directory and not mandatory.

2 Jul 2010

The petitioners, who are the plaintiffs in Regular Civil Suit No.177/2007/A, challenged the order dated 20-8-2009 of the learned Civil Judge, Senior D...

High Court

Bombay High Court Dismisses Application to Condone Delay in Filing Written Statement in Commercial Suit — Mandatory 120-Day Limit Under Commercial Courts Act, 2015 Applies. Court holds that the proviso to Order VIII Rule 1 CPC as amended by Section 16 of the Commercial Courts Act, 2015 is a special provision for commercial disputes and overrides the Bombay High Court Original Side Rules, 1980.

10 Jun 2024

The case involves a Notice of Motion filed by the defendants (applicants) in a commercial suit before the Bombay High Court, seeking to quash the orde...

High Court

Bombay High Court Allows Accused to File Written Statement in NI Act Case — Right Under Section 313(5) CrPC Cannot Be Denied on Grounds of Delay. The Court held that the accused's desire to file a written statement recorded during Section 313 examination must be honoured, and rejection on grounds of delay and absence of cross-examination is perverse.

12 Dec 2023

The petitioner, Ms. Patricia Reiter, is an accused in a complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881. A...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Commercial Court Order Taking Written Statement on Record Without Condonation Application. Mandatory Procedural Requirements Under Commercial Courts Act, 2015 Must Be Strictly Followed; Non-Speaking Order Set Aside.

25 Jun 2026

The Petitioner, M/s. Milagre Homes LLP, filed a Commercial Suit seeking specific performance of a Development Agreement dated 2nd December 2023 agains...

High Court

High Court Allows Intermediary's Appeal in Defamation Case, Condones Delay in Filing Written Statement. Delay Condoned on Payment of Costs of Rs.1 Lakh as Condition Precedent.

11 Mar 2025

The High Court of Judicature at Madras, in an original side appeal, considered the condonation of a 156-day delay in filing a written statement by Goo...

High Court

Gujarat High Court Quashes Trial Court Order Allowing Late Filing of Written Statement in Civil Suit — Violation of Order 8 Rule 1 CPC. Court holds that discretion to condone delay in filing written statement must be supported by sufficient cause and cannot be exercised mechanically.

23 Mar 2026

The petitioners, original plaintiffs in Regular Civil Suit No. 294/2010 pending before the Court of Additional Senior Civil Judge (Rural), Ahmedabad, ...

High Court

Bombay High Court Dismisses Petitions Challenging Striking Off Written Statements in Commercial Suit — Time Limit of 120 Days Under Order VIII Rule 1 CPC and Section 16 of Commercial Courts Act, 2015 Is Mandatory and Cannot Be Extended.

28 Apr 2026

The judgment arises from two writ petitions filed by defendants in a commercial suit instituted by Tata Steel Ltd. (respondent) for recovery of amount...

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