Facts
BC Infra Projects Pvt. Ltd. filed an appeal under Section 13 of the Commercial Courts Act, 2015 against the order dated 12 May 2026 passed by the District Judge, Commercial Court-02, North-West, Rohini Courts in CS(COMM) 853/2025.
Source reference: paras. 2–3; pp. 1–2The Commercial Court treated 12 May 2026—the date on which Anindya Infratech Pvt. Ltd. first appeared—as the commencement date for filing its written statement.
Source reference: paras. 2–3; pp. 1–2The defendant had, however, been served through WhatsApp/e-summons on 18 February 2026 and with physical summons on 23 February 2026.
Source reference: paras. 13–15; p. 9The written statement was filed on 11 June 2026, within 120 days of service.
Source reference: paras. 13–15; p. 9Issues
Whether, in a commercial suit, the limitation period for filing the written statement commences from the date of service of summons or from the date on which the defendant first appears before the Court.
Source reference: para. 4; p. 2Whether the written statement filed on 11 June 2026 was within the mandatory 120-day period prescribed under the Commercial Courts Act, 2015.
Source reference: paras. 13–17; p. 9Law Applied
The Court applied the amended Order V Rule 1(1) CPC, read with Section 16 of the Commercial Courts Act, 2015, under which a defendant must file its written statement within 30 days of service of summons; the Court may permit filing thereafter, for recorded reasons and on costs, but not beyond 120 days from the date of service, after which the defendant forfeits the right to file it.
Source reference: paras. 6–8; pp. 2–3Relying on M/s SCG Contracts India Private Limited v. K.S. Chamankar Infrastructure Private Limited, (2019) 12 SCC 210, and Prakash Corporates v. Dee Vee Projects Limited, Civil Appeal Nos. 1318/2022, the Court held that the 120-day period is mandatory and cannot be extended.
Source reference: paras. 9–10; pp. 3–5The Court further relied on Vikrant Khanna v. Smt. Amita Lamba and Delhi Gymkhana Club Ltd. v. Col. Ashish Khanna, holding that the period runs from valid service of summons, and that complete service ordinarily requires furnishing the plaint and relied-upon documents.
Source reference: paras. 11–12; pp. 5–9Reasoning
The statutory language expressly links commencement of the filing period to the “date of service of summons,” not to the defendant’s first appearance before the Court.
Source reference: paras. 7–10; pp. 2–5Since service occurred on 18 February 2026, the initial 30-day period and the outer 120-day period began from that date.
Source reference: paras. 13–16; p. 9The defendant’s written statement, filed on 11 June 2026, was within the permissible 120-day period.
Source reference: paras. 13–16; p. 9Accordingly, the Commercial Court erred in treating 12 May 2026, the date of first appearance, as the commencement date.
Source reference: paras. 13–16; p. 9Holding
The High Court held that the limitation period for filing a written statement in a commercial suit commences from the date of valid service of summons, and not from the date of the defendant’s first appearance.
The portion of the impugned order treating 12 May 2026 as the commencement date was set aside.
Source reference: paras. 16–19; pp. 9–10As the written statement had been filed within 120 days of service, the Court directed that it be taken on record and condoned the delay in filing it.
Source reference: paras. 16–19; pp. 9–10The suit was directed to proceed in accordance with law, including framing of issues/case management before the Commercial Court.
Source reference: paras. 16–19; pp. 9–10Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Commercial Courts Act, 20152
Original Court PDF
Bc Infra Projects Private Limited Through Its Director Mr. Roodresh LuthravsAnindya Infratech Pvt. Ltd. Through Its Managing Director Mr. Apurva Prasad
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