VIKRAM SOLAR LIMITED Vs. ECGC LIMITED

JUDGEMENT

(1.) This is an application by the defendant for extension of time to file the written statement. Learned counsel appearing for the defendant relies on the application and submits that the writ of summons was received by the defendant on 10/12/2019 with the endorsement that the written statement would have to be filed within 35 days from the date of service of writ of summons. The 35 days ended on 15/1/2020. However, after conference with counsel and necessary drafting thereafter, there was a consequential delay on the part of the defendant to take necessary steps.

(2.) Counsel submits that under Order VIII Rule 1 of The Code of Civil Procedure, as amended by the Commercial Courts Act, 2015, a defendant has a maximum window of 120 days from the date of service of summons which in this case is till 8/4/2020.

(3.) Learned counsel for the plaintiff wants the defendant to be put on terms in reliance on the amended Order VIII Rule 1.