Case Law Details
Amoda Iron Steel Limited Vs Sneha Anlytics and Scientifics (Andhra Pradesh High Court)
Facts- Plaintiff/ respondent filed O.S.No.11 of 2018 for recovery of money. The petitioner filed a petition I.A.No. 2028 of 2018 in O.S.No.11 of 2018 before the District Court seeking extension of 15 days for filing the written statement. During pendency of I.A.No. 2028 of 2018, in view of establishment of the Commercial Court, O.S.No.11 of 2018 was transferred to the court of Special Court for Trial and Disposal of Commercial Disputes, Visakhapatnam.
Before the Special Court, the petition filed by the petitioner/defendant under Section 148 r/w Section 151 CPC was dismissed for default, against which the petitioner filed under Order IX Rule 9 r/w Section 151 C.P.C for restoration and as was filed beyond the period of limitation, the petitioner also filed I.A.No.31 of 2020 under Section 5 of the Limitation Act to condone the delay of 183 days.
Conclusion- Held that the Commercial Court shall have power to provide a new time period for filing written statement under section 15(4) of the Act, 2015 itself, independent of Section 148 CPC.
Held that the court below while considering I.A No.31 of 2020 did not advert at all to the cause shown by the petitioner, seeking condonation of delay. Any finding on the cause shown being sufficient or not has not been recorded. The court below ought to have considered the cause shown by the petitioner for condonation of delay as also the objection to the said cause, if any, filed by the opposite party and ought to have returned a specific finding and consequent upon such finding it ought to have decided I.A.No.31 of 2020.
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