A suit for the recovery of money was filed in the commercial court. On 23 January 2019 commercial court issued summon which was duly served on the respondent. But the written statement was filed by the respondent with a delay of four days and without the affidavit of admission and denial as required by the Delhi High Court rules, 2018. The application for condonation of delay was also not given with the written statement by the respondent.

Later, with the delay of 118 days, the respondent submitted the affidavit of admission and denial and again without the application for condonation of delay.

Plaintiff objected to the commercial court. On the same day application for condonation of delay under section 151 of the code of civil procedure was filed before the commercial court by the respondent.

The court accepted the same and fixed the next date for the hearing of the case.

Against this order of commercial court plaintiff filed a petition under Article 227 of the Indian constitution before the Delhi high court.

Observation made by the court:

The court observed the amendments made in the code of civil procedure through section 16 of the commercial court act, 2015.

Supreme court in SCG contracts India private ltd vs KS chamankar Infrastructure private ltd and others, held that the time limit given under order 7 rule 1 of code of civil procedure is mandatory in nature. The commercial courts are not allowed to condone delay or write a written statement beyond the period mentioned under order 7 rule 1 of the code of civil procedure.

The court said that “the court doesn’t need to furnish reasons for condoning the delay in filing written statement but the defendant is bound to explain the reason of delay by applying for condonation of delay with the written statement”.

Delhi high court held that if the written statement filed after 30 days of service of summoning but before 90 days must be accompanied by an application for condonation of delay. It’s mandatory in nature. The order of the commercial court is liable to be set aside.