Commercial Court Act Doesn't Prevent Applicability Of Order 8 Rule 9 CPC For Filing Additional Written Statement After 120 Days: Delhi HC

In relation to commercial disputes, the Delhi High Court has observed that the Commercial Courts Act, 2015 does not prevent the application of Order 8 Rule 9 CPC for filing additional written statement after the expiry of 120 days for filing the written statements. The Court observed that while filing additional written statement is not a matter of right, it can be granted if the party provides convincing reasons for filing additional written statements. However, filing of additional written statement cannot be claimed as a matter of right and a party would have to establish plausible grounds for granting leave to file additional written statement.” The plaintiffs also contended that Order 8 Rule 9 CPC cannot be read in such a way so as to take away the time limit of 120 days for filing the written statement as prescribed under the Commercial Courts Act, 2015. “Considering the aforesaid discussion, this Court is of the view that no prejudice shall be caused to the plaintiffs if the present application is allowed and the defendant is allowed to file an additional written statement in order to bring on record the facts pertaining to the Divisional Application of the plaintiffs.” The Court thus granted the defendant leave to file an additional written statement to incorporate the facts pertaining to Divisional Application.