CHANDRASHEKHAR L. Vs. DEVARAJ D.V.

JUDGEMENT

(1.) The Writ Petition in Review was disposed off by this Court vide Judgment dtd. 12/2/2021 wherein it is observed as under:

(2.) The net effect of the above observation is that the forfeiture of right of the Review Petitioners to file Written Statement in the suit in question is upheld. Therefore, now they have filed this Review Petition seeking recall of the said Judgment which is stoutly opposed by the Respondents contending that the suit was filed in the Commercial Court and it was transferred from that Court to another and therefore, Sec. 15(2) of the Commercial Courts Act, 2015, is not invokable.

(3.) Learned advocates appearing for the Respondents also contend that the prescription of limitation period of 120 days for filing the Written Statement in suits of the kind cannot be elongated and that as an exception some conclusion was made by the Apex Court only during covid period. They hasten to add that case of Petitioners does not fit into such an exception.