IL AND FS FINANCIAL SERVICES Vs. ADITYA KHAITAN

JUDGEMENT

(1.) Eight applications for extension of time to file written statements have been heard analogously. Out of nine defendants, in a suit pending in the Commercial Division of this Hon'ble Court, eight of the defendants have applied for extension of time to file written statements.

(2.) Learned senior advocate appearing for the defendant No. 9 has submitted that, the suit was filed on August 30, 2019. Although the defendant No. 9 is not aware of the date when the writ of summons for the suit was lodged, the defendant No. 9 is aware that, the writ of summons had been issued on February 6, 2020. The defendant No. 9 had received the writ of summons on February 7, 2020. In terms of the provisions of Order V Rule 1 and Order VIII Rule 1 of the Code of Civil Procedure 1908 as applicable to a suit in the Commercial Division governed by the provisions of the Commercial Courts Act, 2015, 30 days to file written statement in the suit had expired on March 8, 2020 and 120 days had expired on June 6, 2020.

(3.) Learned senior advocate appearing for the defendant No. 9 has referred to the order dated March 23, 2020 passed by the Hon'ble Supreme Court in the Suo Motu Writ Petition (C) No. 3 of 2020 and contended that, the period of limitation, stands suspended with effect from March 15, 2020. He has referred to further orders of the Hon'ble Supreme Court including the order dated December 17, 2020 passed in such writ petition. He has submitted that, the order of suspension of the period of limitation, remains effective till date.