HEMANT VERMA Vs. DAINA TECHNO SOLUTIONS PVT. LTD.

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India assails the order dtd. 8/6/2020 passed by the learned District Judge (Commercial Courts) ("the learned Commercial Court") in CS (Comm) 295/2020 (Diana Techno Solutions Pvt Ltd v. Hemant Verma), whereby the learned Commercial Court has dismissed the application of the petitioner, as the defendant in the suit, preferred under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act, 2015, for enlargement of time for filingwritten statement.

(2.) The issue in controversy being limited, a brief recapitulation of facts would suffice.

(3.) CS (Comm) 295/2020 was instituted by the respondent against the petitioner for recovery of an amount of ? 98,18,100/- along with pendente lite and future interest and costs. Summons were issued in the said suit by the learned Commercial Court on 16/12/2020. According to the petitioner, the paper book received by the petitioner along with the summons was incomplete and a complete paper book was received only on 24/1/2021. It is not necessary for this Court to enter into the said issue as, even reckoned from 21/1/2021, the maximum period of 120 days, within which the petitioner could have filed written statement (including the condonable period under Order VIII Rule 1 of the CPC) expired on 22/5/2022.