STAR PAPER MILLS Vs. EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The Court: Certain provisions of the Civil Procedure Code have been engrafted in the Commercial Courts Act, 2015 in a Schedule for the purpose of early and proper disposal of commercial suits. Strict timelines have been prescribed within which certain procedural acts to get the suit ready for hearing by filing of written statement, discovery of documents and so on have to be carried out. For filing written statement, the time prescribed by the statute has to be strictly adhered to. There is no power given to the Court to extend the time. (See S.17 of the said Act read with the first Schedule relating to Order VIII Rule 1 of CPC). But in other procedural matters like discovery of documents, the court has been given the power to extend the time if reasonable cause is shown.

(2.) Order XI Rule 1(4) of the Code of Civil Procedure, amended and also similarly engrafted in the said schedule to the said Act, provides that along with the plaint the documents in the power, possession, control or custody of the plaintiff have to be disclosed in a list. The plaintiff has the right to disclose additional documents within 30 days of filing of the suit which time-period can be extended by the court on reasonable cause being shown.

(3.) What has happened in this matter is this. The suit by the appellant/plaintiff claiming damages against the respondent/defendant for wrongful termination of a fuel supply agreement dtd. 26/8/2013 between the parties was filed in the Ordinary Original Civil Jurisdiction of this Court in 2015. The defendant filed their written statement. The suit did not progress any further. The said Act did not apply to it.