UNIMED TECHNOLOGIES LIMITED Vs. STRATUS FOODS PRIVATE LIMITED

JUDGEMENT

(1.) The present Special Civil Application challenges the orders dtd. 11/1/2021, 24/3/2021 and 8/7/2021 passed by learned Principal Senior Civil Judge, Halol below Exhs.11, 15, 16 and 17 respectively in Commercial Civil Suit No.1 of 2020 whereby the right of the petitioners herein to file the written statement in the said suit has been closed on the ground of limitation in terms of the provisions of Order VIII Rule 1 of the Code of Civil Procedure.

(2.) The brief facts leading to filing of the present Special Civil Application are as follows :-

(3.) Learned advocate Ms. Megha Jani appearing on behalf of the petitioners submitted that the learned trial court erred in closing the right of the petitioners to file their written statement to the suit and totally ignored the judgment of the Hon 'ble Supreme Court in Suo Motu Writ (Civil) No. 3 of 2020 whereby the Hon 'ble Apex Court had on 23/3/2020 directed extension of the period of limitation in all the proceedings before all the courts/tribunals with effect from 15/3/2020 till further orders. The period of limitation for filing the written statement stood extended in view of the order of the Hon 'ble Supreme Court and the petitioners ' right to file the written statement within the limitation period of 30 days stood extended till further orders. However, the learned trial court committed an error and applied the law of limitation, thereby closing the right of the petitioners to file their written statement and defend the suit. It was further submitted that even without prejudice to the above submission assuming without admitting that the limitation period of 30 days available under Order VIII Rule 1 of the Code of Civil Procedure had expired on 22/12/2020, even then the application below Exh.15 seeking permission to file the written statement ought to have been allowed in the interest of justice since the said application was made before the expiry of extendable period of 120 days. It was prayed by learned advocate Ms. Jani that the impugned orders dtd. 11/1/2021, 24/3/2021 and 8/7/2021 below Exhs. 11, 15, 16 and 17 in Commercial Suit No.1 of 2020 be set aside and the petitioners be allowed to file their written statement in the said suit.