VEDANTA LIMITED Vs. GLOBAL ENERGY PVT. LTD.

JUDGEMENT

(1.) Rule made returnable forthwith. The learned Counsel for the respondent, waives service. Heard finally by consent of parties.

(2.) The challenge in this petition is to the order dated 27.03.2018 and 15.01.2019 passed by the Commercial Court at Panaji in Special Civil Suit (Commercial) No.84 of 2017. By the order dated 27.03.2018, an application (exhibit -12) filed by the petitioner for time to file written statement has been dismissed while by the subsequent order dated 15.01.2019, an application, exhibit D-13, for recall of the earlier order dated 27.03.2018 has been dismissed. The net result is that the petitioner has been precluded from filing written statement in the suit.

(3.) The brief facts are that the respondent has filed the said suit against the petitioner for specific performance of an agreement dated 18.12.2013 and for damages, etc. That suit was filed before the learned Senior Civil Judge at Panaji, Goa, and was registered as Special Civil Suit No.28/2016/A. It may be mentioned that although The Commercial Courts Act, 2015 (Act of 2015, for short), had come into force on 23.10.2015, the Commercial Courts were constituted at Panaji only on 03.11.2016. Thus, Special Civil Suit No.28/2016/A was filed on 25.07.2016 i.e. after the coming into force of the Act, however, prior to the constitution of the Commercial Courts.