The amended provision of the CPC as per Section 16 of the Commercial Courts Act, 2015 mandates that the defendant(s) has to file the written statement within 120 days from the date of service of summons, failing which the defendant(s) right to file the written statement will stand forfeited and the Court shall not accept the written statement on record – Anil.M.P Vs. Capital Finserv Ltd. – Kerala High Court
By Section 16 of the Commercial Courts Act, 2015 (Act), the Code of Civil Procedure stands amended in its application to commercial disputes as specified in the Schedule to the Act. Consequently, Orders V and VIII of the Code of Civil Procedure stand amended by the Schedule. The amended provision of the Code of Civil Procedure as per Section 16 of the Commercial Courts Act mandates that the defendant(s) has to file the written statement within 120 days from the date of service of summons, failing which the defendant(s) right to file the written statement will stand forfeited and the Court shall not accept the written statement on record. In SCG Contracts India Pvt. Ltd v. K.S Chamankar Infrastructure Pvt. Ltd & Ors (2019) ibclaw.in 147 SC, the Hon’ble Supreme Court has held that the amended provisions of Orders V and VIII of the Code are mandatory. In Raj Process Equipments and Systems Pvt Ltd & Ors v. Honest Derivatives Pvt Ltd. (2022) ibclaw.in 171 SC the Hon’ble Supreme Court has held that if the suit is filed before the Civil Court and then transferred to the Commercial Court, then the amended provisions of Orders V and VIII of the Code are directory.
