VARUN FASHION Vs. ITC LTD.

JUDGEMENT

(1.) The appellant is aggrieved by the order dated 31st August, 2017 passed by the learned Single Judge of this Court, by which the written statement has been taken on record beyond the period of 120 days as prescribed under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as the 'Act').

(2.) Learned counsel for the appellant has relied upon a decision rendered by a Single Judge of this Court in the case of Oku Tech Private Limited v. Sangeet Aggarwal and Ors decided on 11th August, 2016 and Gulf DTH FZ LLC v. Dish T.V India Limited and Ors., reported in (2016) Vol. 8 AD (Delhi) 266 , to submit that the written statement could not have been taken on record beyond a period of 120 days.

(3.) Mr. Sethi, learned Senior Counsel, who enters appearance on behalf of the respondent has opposed this appeal on the ground of maintainability. Reliance is placed on Section 13 of the Act and two decisions rendered by a Coordinate Bench of this Court in the case of Harmanprit Singh Sidhu v. Arcadia Shares and Stock Brokers Pvt. Ltd reported in 2016 SCC OnLine Del 5383 , and HPL (India) Limited and Ors. v. QRG Enterprises and Ors. reported in 238 (2017) DLT 123 .