VidhiSangh

Supreme Court of India · 12/02/2019

M/S SCG CONTRACTS INDIA PVT. LTD. versus K. S. CHAMANKAR INFRASTRUCTURE PVT. LTD. & ORS.

[2019] 3 S.C.R. 1050 · 2019 INSC 187

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In the commercial suit, the defendant forfeited the right to file its written statement after 120 days from service of summons. The court could not extend that mandatory outer limit, invoke inherent powers to override it or treat a pending application for rejection of the plaint as suspending the obligation. Earlier permission to file late did not defeat the statutory prohibition. Both impugned orders were set aside and the written statement directed to be removed.

Issues

  1. Whether a court could permit a written statement beyond 120 days in a commercial suit under the amended CPC.
  2. Whether an Order VII Rule 11 application, inherent powers or alleged finality of an earlier order overcame the statutory bar.

Provisions considered

Held

Result

Appeal allowed; both impugned orders set aside and Defendant No.1’s written statement directed to be taken off the record.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 1050.