INDERPREET SINGH Vs. CHANDEEP SINGH

JUDGEMENT

(1.) By the impugned order dtd. 31/8/2022, passed in CS (Comm) 32/2021 (Chandeep Singh v. Inderpreet Singh), the learned District Judge (Commercial Court) ("the learned Commercial Court") has directed removal, from the record of the suit, of the written statement filed by the petitioner as the defendant in the suit, as having been filed beyond 120 days from the date when summons in the suit were served on the petitioner.

(2.) The learned Commercial Court has observed that as the suit was a commercial suit, there was no scope of a relaxation of the time for filing written statement beyond the aforesaid period of 120 days. In this regard, the learned Commercial Court has relied on the judgment of the Supreme Court in SCG Contracts (India) (P) Ltd. v. K.S. Chamankar Infrastructure (P) Ltd. (2019) 12 SCC 210.

(3.) The impugned order observes that service of summons in the suit were effected on the petitioner by email dtd. 16/2/2022.