11.08.2025 Dat i Agro Oils Private Limited and anothe another ADM Agro Indu o v. (cid:1)
Case Details
CR-3365-2025 (O 025 (O&M) -1- IN THE HIGH IGH COURT OF PUNJAB AND H ND HARYANA AT CHANDIGAR GARH(cid:1) 121 (cid:1) Shiv Shakti Agro CR-3365-2025 (O&M) CR Date of Decision:11.08.2025 Dat i Agro Oils Private Limited and anothe another ADM Agro Indu o Industries Kota & Akola Private Lim te Limited Versus (cid:1) ... Petitioner tioners ... Responden ondent CORAM : HON HON'BLE MR. JUSTICE AMAR MARINDER SINGH GREWAL Mr. Jaiveer Singh, Advocate Present: Mr. Ms. Ms. Manit Moorjani, Advocate (thro for the petitioners. for t e (through VC) *** *** (cid:1) AMARINDER S RAL) DER SINGH GREWAL, J. (ORAL) C.M No.15835 -CII of 2025 Applicatio lication is allowed as prayed for. Annexure exure P-8 documents are taken on reco n record. C.R. No.3365 of 365 of 2025 1. The prese present revision petition has been been filed under Article 227 of t 7 of the Constitution of n of India read with Section 115 C 115 CPC seeking setting aside of t e of the impugned orders orders dated 04.02.2025 (Annexure P ure P-1) and 03.02.2025 (Annexure P ure P-2) passed by the le the learned Additional District Judge t Judge-cum-Presiding Judge, Exclusi xclusive Commercial Cou al Court at Gurugram exercising j ing jurisdiction under the Commerc mercial Courts Act, 2015 t, 2015 in CIS No.CS-78-2023 titled titled as ADM Agro Industries Kota ota & Akola Pvt. Ltd. V td. Vs. Shiv Shakti Agro Oil Pvt. Lt t. Ltd. and others whereby defence fence of
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defendants No.1 No.1 to 3 has been struck off. 2. Learned co ned counsel for the petitioners inter nter alia contends that the responde spondent herein filed a co d a commercial suit for recovery ag ery against petitioners and two othe o others before the learne learned Exclusive Commercial Courts Courts, Gurugram. Petitioners receiv received PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CR-3365-2025 (O 025 (O&M) -2- two emails dat ls dated 07.10.2024 containing sca g scanned copy of summons dat s dated 30.09.2024 and f and further requiring their appearanc earance in the said matter. The coun counsel for petitioners pu ers put in appearance before the learn e learned Commercial Court for the ve the very first time on 16. on 16.12.2024 and an application un ion under Order IX Rule VII read w ead with Section 151 CPC 1 CPC was filed seeking setting aside g aside of ex parte proceedings. On t . On the said date, counse counsel for the petitioners also appris apprised the learned Commercial Co ial Court that they had rec ad received only one page summons mons and not a complete copy of t y of the plaint, on which,
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which, counsel for the respondent stat nt stated at bar that he would provide rovide a soft copy of the p f the plaint during the course of the d f the day. During the course of the da the day, counsel for resp r respondent provided a soft copy copy of the plaint through Whatsap hatsapp. However, till tod today, no hard copy of the suit e suit i.e. plaint and other document ument is provided to the p o the petitioners. It is further submitt ubmitted that the statutory period to f d to file written statemen tement under Order VIII Rule I CPC I CPC began on 16.12.2024 and on t d on the next date of hear f hearing on 22.01.2025, counsel for el for the petitioners requested for som for some time to file the w e the written statement. On the next d next date of hearing on 03.02.2025, t 025, the learned Commer mmercial Court passed the impugne pugned order while noting the date date of service in the su the suit wrongly as 07.10.2024 instea instead of 16.12.2024. On 04.02.202 02.2025, application seeki seeking some more time for filing w iling written statement was filed by t by the petitioners but th but the same stood dismissed and def nd defence of petitioners has been stru en struck off. It is also sub lso submitted that statutory period of 3 of 30 days, extendable upto 120 da 120 days for filing writte written statement began from 16.12 16.12.2024 instead of 07.10.2014, 2014, as petitioners receiv received soft copy of the plaint throu t through Whatsapp from counsel for t el for the respondent only t only on 16.12.2024. Furthermore, on ore, on 09.01.2025, mother of petition etitioner No.2 expired an red and he remained busy in perform performing last rites and rituals of h ls of his mother and thus d thus, could not contact his counsel unsel and file the written statement ment on PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CR-3365-2025 (O 025 (O&M) -3- 04.02.2025, thus , thus, prays for setting aside of impu f impugned orders dated 03.02.2025 a 025 and 04.02.2025. 3. 4. Heard. Hea As per provisions of Order VIII Ru As p III Rule I CPC, where in a commerc mercial suit the defendan fendant fails to file the written statem statement within a period of thirty day rty days, he shall be allow e allowed to file the written stateme tatement on such other day, as may may be specified by the y the Court, for reasons to be record recorded in writing and on payment yment of such costs as the as the Court deems fit, but which sh ich shall not be later than one hundr hundred twenty days from s from the date of service of summo ummons and on expiry of one hundr hundred twenty days from s from the date of service of summo ummons, the defendant shall forfeit t rfeit the right to file the ile the written statement and the C the Court shall not allow the writt written statement to be ta o be taken on record. Order VIII Rule II Rule 1 CPC is reproduced as under: nder:- 1. Written Statement.—The defend “1. the the date of service of summons on h his defence: his d efendant shall, within thirty days fro on him, present a written statement s from ment of Provided that where the de state statement within the said period of file the same on such other day, as file reasons to be recorded in writing, reas nine ninety days from the date of service Commercial dispute of a specified v Com Provided that where the de state statement within the said period of file file the written statement on such oth Court, for reasons to be recorded i Cou cost costs as the Court deems fit, but w hund hundred twenty days from the dat expiry of one hundred twenty da expi sum summons, the defendant shall for state statement and the Court shall not taken on record. take xxxx written wed to urt, for er than e defendant fails to file the writt d of thirty days, he shall be allowed , as may be specified by the Court, ing, but which shall not be later th vice of summons. ied value - e defendant fails to file the writt d of thirty days, he shall be allowed h other day, as may be specified by t ed in writing and on payment of s but which shall not be later than o date of service of summons and y days from the date of service forfeit the right to file the writt not allow the written statement to written wed to by the of such an one and on vice of written t to be xxxx” xxxx xxxx 10. Procedure when party fails to 10. for for by Court.—Where any party fr requ required under rule 1 or rule 9 fa time time permitted or fixed by the Cou shall pronounce judgment against h shal ls to present written statement call rty from whom a written statement 9 fails to present the same within t Court, as the case may be, the Co nst him, or make such order in relati called ent is hin the Court elation PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CR-3365-2025 (O 025 (O&M) -4- to th to the suit as it thinks fit and on the a decree shall be drawn up: a de n the pronouncement of such judgme dgment Provided further that no Cou the the time provided under Rule 1 of t statement.” state Court shall make an order to exte of this Order for filing of the writt extend written 5. A bare perusal of aforesaid provisio A ba ovisions makes it crystal clear the peri period of 120 days is to s is to be counted from the date of ser of service of summons and not from t from the date when the fir the first appearance was put in by th by the petitioners-defendants. Furth Further, zimini orders pla ers placed on record as Annexure P-8 8 reveals that the suit was present resented on 31.07.2023 a 023 and the petitioners were serve served through email on 07.10.202 .10.2024. However, no one no one put in appearance on their beh eir behalf on 23.10.2024 and they we ey were proceeded agains against ex parte. On 16.12.2024, an 24, an application under Order 9 Rule 9 Rule 5 and 6 CPC was was filed by petitioner for setting as ting aside the ex parte proceedings. O ngs. On 22.01.2025, the a , the aforesaid application was allowe allowed and order dated 23.10.2024 w 024 was set aside. There Thereafter, the case was adjourned urned for 03.02.2025 for filing writt written statement, subjec subject to payment of costs of Rs.5 f Rs.5000/-. However, on 03.02.202 .02.2025, neither the writ e written statement was filed nor c nor costs was paid. Ultimately, tely, on 04.02.2025, the d , the defence of petitioner was struck o truck off. 6. A perusal erusal of provisions Order 8 Rule Rule 1 CPC would show that in hat in a commercial sui l suit, ordinarily a written statement i ment is to be filed within a period of iod of 30 days. However, g ever, grace period of a further 90 day 90 days is granted which the Court m ourt may employ for reaso r reasons to be recorded in writing an ting and on payment of such costs, as as it deems fit to allo to allow such written statement to c t to come on record. What is of gre of great importance is the is the fact that beyond 120 days from ys from the date of service of summon ummons, the defendant sha ant shall forfeit the right to file the wr the written statement and the Court sh urt shall not allow the wri the written statement to be taken on re on record. This is further buttressed essed by the proviso in Or in Order 8 Rule 10 CPC by adding th ding that no court shall make an order order to PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CR-3365-2025 (O 025 (O&M) -5- extend the time time provided under Rule 1 of Orde f Order 8 CPC for filing of the writt e written statement. Thus Thus, the limitation of 120 days is i s is indeed mandatory in nature with re within which written st tten statement must be filed. The p The petitioners did not file the writt e written statement within within the mandatory statutory perio period of 120 days from the date date of service of summo summons, despite being given sufficien ufficient opportunities. 5. In view of the aforesaid facts and c In v and circumstances, this Court is of t is of the opinion that the l at the learned Commercial Court has ri t has rightly struck off the defence of t ce of the petitioners as th as the written statement was not not filed within the statutory peri y period prescribed under under Order 8 Rule 1 CPC and conseq consequently, the impugned orders dat ers dated 03.02.2025 and 0 and 04.02.2025 are affirmed. The ins ssed. he instant petition stands dismissed. , 2025 August 11, 2025 Pankaj* ned Whether speaking/reasoned Whether reportable : : Yes/No Yes/No AMARINDER SINGH GREWA (AM JUDGE EWAL) PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh