Section 8 Application Should Be Filed Within Time Available For Filing Written Statement: Delhi High Court
2 years, 8 months ago

Section 8 Application Should Be Filed Within Time Available For Filing Written Statement: Delhi High Court

Live Law  

The Delhi High Court has ruled that if a party fails to file an application under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the parties to arbitration within the time available for filing the first statement on the substance of the dispute, which would include a written statement in the context of a suit, the party would forfeit its right to apply under Section 8 of the A&C Act. The Court added that a party would, however, forfeit its right to apply under Section 8 of the A&C Act once it has filed the written statement. The Court ruled that a written statement would also fall within the sweep of expression "statement on the substance of the dispute" as used in Section 8 of the A&C Act. Thus, the Court held that if a party fails to file an application under Section 8 of the A&C Act for referring the parties to arbitration within the time available for filing the first statement on the substance of the dispute, which would include a written statement in the context of a suit, the party would forfeit its right to apply under Section 8 of the A&C Act.

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History of this topic

Mediation Time Period Can Be Excluded While Computing Limitation For Filing Written Statement: Delhi High Court
1 month, 3 weeks ago

Mediation Time Period Can Be Excluded While Computing Limitation For Filing Written Statement: Delhi High Court

Live Law  

The Delhi High Court has observed that the time spent during the mediation process can be excluded while calculating the limitation period for filing a written statement under the Delhi High Court Rules, 2018. The Joint Registrar however dismissed their applications for condonation of delay on the ground that the written statements were filed beyond the period prescribed in CPC …

[Arbitration Act] Section 8 Application Must Be Filed Before Or Simultaneously With Written Statement: Calcutta High Court
2 months, 2 weeks ago

[Arbitration Act] Section 8 Application Must Be Filed Before Or Simultaneously With Written Statement: Calcutta High Court

Live Law  

The Calcutta High Court Bench of Justice Sabyasachi Bhattacharyya and Justice Subhendu Samanta held that when no application for reference to arbitration under Section 8 of the Arbitration Act is made by either party, the civil court may very well entertain the suit and proceed with the adjudication of the same on merits in accordance with law. Hence, in any …

Commercial Court Act Doesn't Prevent Applicability Of Order 8 Rule 9 CPC For Filing Additional Written Statement After 120 Days: Delhi HC
2 months, 3 weeks ago

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

Live Law  

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 …

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court
3 months, 1 week ago

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court

Live Law  

The Supreme Court ruled that a separate application seeking condonation of delay is not necessary to be filed along with an application seeking to set aside an ex-parte decree under Order IX Rule 13 of the Civil Procedure Code, if the application sufficiently explains the delay. The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale was hearing an …

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC
3 months, 2 weeks ago

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC

Live Law  

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee held that the appellant failed to demonstrate any plausible reasons for the delay caused in filing the present appeal. The appeal was also accompanied by two applications, the first seeking condonation of 670 days delay in filing the appeal and the second 591 days delay in re-filing …

O.8 R.1 CPC | Right Accruing In Favor Of Plaintiff Due To Non-Filing Of Written Statement Within Stipulated Time Can Be Waived: J&K High Court
10 months ago

O.8 R.1 CPC | Right Accruing In Favor Of Plaintiff Due To Non-Filing Of Written Statement Within Stipulated Time Can Be Waived: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that a plaintiff can waive the right to take advantage of a defendant's failure to file a written statement within the stipulated time. Lal's counsel argued that the trial court erred in accepting written statements from the defendants, as they were filed after the expiration of the 120-day period …

Section 8 Of A&C Objection Taken In Application For Grant Of Leave To Defend The Suit Cannot Be Considered Belated: Delhi High Court
1 year, 4 months ago

Section 8 Of A&C Objection Taken In Application For Grant Of Leave To Defend The Suit Cannot Be Considered Belated: Delhi High Court

Live Law  

The High Court of Delhi has held that an objection regarding non-maintainability of the suit due to the presence of the arbitration agreement cannot be considered to be raised belatedly in terms of Section 8 of the A&C Act when it was taken in the application under Order XXXVII Rule 3 for grant of leave to defend the suit. The …

Time Spent On Application Under Section 8 Of A&C Act, Not Excludable For Computation Of Limitation For Counter Claim: Delhi High Court
2 years, 4 months ago

Time Spent On Application Under Section 8 Of A&C Act, Not Excludable For Computation Of Limitation For Counter Claim: Delhi High Court

Live Law  

The Delhi High Court has ruled that in a suit filed by a party, the time spent by the opposite party in pursuing its application under Section 8 of the Arbitration and Conciliation Act, 1996, cannot be excluded for the purpose of computation of the limitation period for filing the counter-claims by the opposite party before the Arbitral Tribunal. Section …

Time Limit For Filing Written Statement Not Mandatory If Suit Was Instituted Before Civil Court & Transferred To Commercial Court After Expiry Of 120 Days: Supreme Court
2 years, 4 months ago

Time Limit For Filing Written Statement Not Mandatory If Suit Was Instituted Before Civil Court & Transferred To Commercial Court After Expiry Of 120 Days: Supreme Court

Live Law  

The Supreme Court observed that the time period for filing written statement is not mandatory if the suit was instituted in a civil court and transferred to a Commercial Court after the expiry of 120 days.The plaintiffs filed a suit for recovery of damages on the file of the Civil Court Senior Division Jalgaon in December, 2017. The High Court …

Written Statement In Commercial Suit Can't Be Deferred Beyond Prescribed Time Merely Because Demurrer Application For Dismissal Is Pending: Calcutta HC
2 years, 4 months ago

Written Statement In Commercial Suit Can't Be Deferred Beyond Prescribed Time Merely Because Demurrer Application For Dismissal Is Pending: Calcutta HC

Live Law  

The Calcutta High Court on Friday held that filing of written statement in commercial suits cannot be permitted beyond the prescribed time limit merely because a demurrer application for rejection of plaint moved by the defendant is pending. While hearing one such application seeking extension of time to file written statement in a commercial suit, the High Court reiterated that …

Time For Filing Written Statement Starts From Date Of Providing Suit And Documents To Defendant: Delhi High Court
2 years, 5 months ago

Time For Filing Written Statement Starts From Date Of Providing Suit And Documents To Defendant: Delhi High Court

Live Law  

The Delhi High Court has observed that the time for filing the written statement by the defendant under the Code of Civil Procedure, after issuance of summons, will commence from the date when the suit along with the documents is provided to the defendant. Justice C Hari Shankar said the service of summons in a suit has to be a …

Filing Written Statement In Prescribed Time Without Affidavit Of Admission/ Denial Of Documents Not 'Non-Est' Filing: Delhi High Court
2 years, 11 months ago

Filing Written Statement In Prescribed Time Without Affidavit Of Admission/ Denial Of Documents Not 'Non-Est' Filing: Delhi High Court

Live Law  

The Delhi High Court has observed that the filing of a written statement within the prescribed time but without an accompanying affidavit of admission or denial of documents, does not amount to non-est filing since it cannot be said that nothing was filed at all. It was thus submitted that the written statement was filed within the time of 120 …

Whether An Amendment Application To Include A Relief Which Is Otherwise Time-Barred Can Be Allowed? SC To Consider
2 years, 11 months ago

Whether An Amendment Application To Include A Relief Which Is Otherwise Time-Barred Can Be Allowed? SC To Consider

Live Law  

Whether an amendment application to include a relief which is otherwise time-barred can be allowed? The Supreme Court to consider The Supreme Court on Friday issued notice in a Petition where the central issue involved was whether a Plaintiff can file an amendment application to include a relief which would otherwise be barred under the Limitation Act 1963. Thereafter, the …

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court
3 years, 2 months ago

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court

Live Law  

this Court holds that the Proviso to Order VIII Rule 1 of Code of Civil Procedure, which fixes the maximum period for filing the written statement as 120 days and which was held. In a significant decision, the Madras High Court recently held that the mandatory time limit of 120 days to file a written statement in a commercial suit …

Order VIII Rule 1 CPC - Period For Filing Of Written Statement Is Directory In Civil Suits; But Mandatory In Commercial Suits: Supreme Court
3 years, 5 months ago

Order VIII Rule 1 CPC - Period For Filing Of Written Statement Is Directory In Civil Suits; But Mandatory In Commercial Suits: Supreme Court

Live Law  

The Supreme Court has observed that the period of 90 days for filing of written statement under Order VIII Rule 1 of Code of Civil Procedure in civil suits is directory.The bench of Justices Hemant Gupta and V. Ramasubramanian held the provisions of Order VIII Rule 1 CPC are mandatory in the Commercial Courts under the Commercial Courts Act, 2015. …

Affidavit For Admission/Denial Of Documents in Commercial Suits Must Be Filed Within 45 Days: Delhi HC [Read Judgment]
5 years, 5 months ago

Affidavit For Admission/Denial Of Documents in Commercial Suits Must Be Filed Within 45 Days: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that the maximum period for filing reapplication or an affidavit for admission/denial of documents is 45 days and the same has to be mandatory followed. In the present application, the Petitioner had challenged the order of the Joint Registrar which had disallowed the Petitioner to file an affidavit for admission/denial of documents after the termination …

Even For Commercial Suits, Limitation Period For Filing Written Submission Starts From The First Date of Service: Delhi HC [Read Order]
5 years, 6 months ago

Even For Commercial Suits, Limitation Period For Filing Written Submission Starts From The First Date of Service: Delhi HC [Read Order]

Live Law  

The Delhi High Court has held that even in the case of commercial suits the period of limitation for filing of the written statement shall start from the date of first service and not the second or any subsequent service. In response to the service, a letter was sent by the Appellant on 19/09/17 saying that few papers were missing …

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC
5 years, 8 months ago

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC

Live Law  

Delhi High Court has recently observed that issuing process for an application filed under section 243 of the Cr.P.C by the Trial Court was obligatory unless for reasons recorded, it is held that such application is vexatious, delayed or defeats the ends of justice. The order came based on a petition filed against a judgment of a Trial Court which …

In Patent Suits With High Stakes, Right To File Written Statement Can’t Be Forfeited At The Outset: Rajasthan HC [Read Judgment]
6 years, 8 months ago

In Patent Suits With High Stakes, Right To File Written Statement Can’t Be Forfeited At The Outset: Rajasthan HC [Read Judgment]

Live Law  

120-day period to file WS start from date of dismissal of plea for rejection of suitThe Rajasthan High Court has held that in a patent suit where huge stakes are being claimed by the parties, if the right to file written statement is forfeited at the outset, it will lead to the party whose right is forfeited to first suffer …

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