Search Results for "Order VIII Rule 1 CPC"

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Search Results for "Order VIII Rule 1 CPC"

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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

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...

High Court

High Court of Karnataka Upholds Trial Court Order Striking Out Defence for Non-Compliance with Conditional Order Under Order VIII Rule 1 CPC. Failure to Pay Costs and File Written Statement Within Extended Time Leads to Automatic Striking Out of Defence.

8 Jul 2025

The petitioners, Mr. Venugopal Krishnamurthy and Mrs. Poorna Venugopal, filed a writ petition under Article 227 of the Constitution of India challengi...

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 Writ Petition, Sets Aside Rejection of Delay Condonation in Filing Written Statement — Emphasizes Liberal Approach to Condonation of Delay to Advance Substantial Justice. The court condoned a delay of 31 months and 16 days in filing the written statement, holding that technicalities should not defeat substantial justice.

27 Jan 2023

The present Writ Petition was filed by the Original Defendants (Shriram Transport Finance Co. Ltd. and Citi Corp. Finance India Ltd.) challenging the ...

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 Amendment of Written Statement to Include Adverse Possession Plea Despite Earlier Rejection, Holding Res Judicata Not Applicable to Interlocutory Orders. The court set aside the trial court's order and permitted the amendment subject to costs, emphasizing that principles of res judicata do not bar subsequent applications for amendment of pleadings when the earlier rejection was based on a different factual scenario.

14 Jan 2010

The petitioners, defendants in a suit for perpetual injunction relating to immovable property, had initially filed a reply to the plaintiffs' applicat...

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