DILIP CHOUDHURY Vs. PRATISHRUTI PROJECTS LIMITED

JUDGEMENT

(1.) By this application the defendant No. 2 has sought extension of time to file written statement.

(2.) Learned advocate appearing for the defendant No. 2 has submitted that, the instant suit was filed in January 2015. The Commercial Courts Act, 2015 came into effect in October 2015. The plaintiff applied for judgement on admission in the suit, sometime in January 2016. On such application, a judgement and decree was passed in July 2016. An appeal was preferred from such decree and that, such appeal was allowed in August 2017. A special leave petition filed against the Appeal Court's order was admitted subsequently. By an order dated July 3, 2018, the time to file written statement on behalf of the defendant No. 5 was extended. By two several orders dated February 1, 2019, the time to file written statement on behalf of the defendant Nos. 3 and 4 were extended. An appeal was carried from the order of extension of time to file written statement whereupon, by an order dated February 15, 2019, the Appeal Court observed that, since the suit was to be classified as a Commercial Division matter, no appeal lay against an order of extension of time to file written statement under the Act of 2015. Prior to the order dated February 15, 2019, the suit was never treated as one to fall under the Commercial Division under the Act of 2015.

(3.) Learned advocate appearing for the defendant No. 2 has relied upon the provisions of Section 15 of the Act of 2015 and submitted that, since the Court did not transfer the suit to the Commercial Division and since, the Court did not pass any order on the time management in the suit, therefore, the Court can extend the time to file written statement, of course, on just cause being shown. He has submitted that, there are just causes existing in the facts of the present case for the defendant No. 2 to have an extension of time to file written statement. He has relied upon 2019 SCC online Bom 848 (Reliance General Insurance Company Ltd. vs. Colonial Life Insurance Company (Trinidad) Limited) in support of his contentions.