MOUSHUMI BHATTACHARYA, J. - (1.) The Court : This application is for extension of time to file the written statement affirmed on behalf of the defendant on 22nd June, 2020. The dates relevant for the purposes of this application are as follows : (i) The suit was filed under the Commercial Division on 15th November, 2019. (ii) The writ of summons was served on 2nd December, 2019. (iii) The 30 days expired on 2nd January, 2020. (iv) The 120 days time for filing the written statement under the amendment made to Order VIII Rule 1 of The Code of Civil Procedure after coming into force of The Commercial Courts Act, 2015, ended on 31st March, 2020. (v) The application for extension of time was filed by the defendant before the Master on 5th February, 2020 seeking 8 weeks time for preparing and filing the written statement.
(2.) Mr. Zeeshan Haque, learned counsel appearing for the applicant/defendant relies on an Order passed by the Supreme Court on 23rd March, 2020 in which the difficulties faced by litigants by reason of the pandemic were taken into account and the period of limitation prescribed under the general as well as the special laws was extended with effect from 15th March, 2020 till further orders. Counsel relies on a recent order of the Supreme Court in Civil Appeal No. 4085 of 2020 dated 17th December, 2020 which reiterates that the period of limitation for filing the written statement which had expired on 12th August, 2020 in the facts of that particular case stands extended by reason of the order of 23rd March, 2020 passed by the Supreme Court. Counsel places relevant paragraphs from the application which show that the defendant was unable to take steps for filing the written statement on and from 25th March, 2020 from which date the country went into lockdown due to the outbreak of the pandemic. Counsel submits that there has been no laches on the part of the defendant since the defendant applied before the learned Master of this Court for appropriate orders.
(3.) Mr. Meghajit Mukherjee, learned counsel appearing for the plaintiff opposes this application on the amendment brought about to Order VIII Rule 1 of The C.P.C. pursuant to The Commercial Courts Act, 2015 and submits that the first step taken by the defendant for filing of the written statement was after the prescribed period of limitation of 30 days had expired on 2nd January, 2020. Counsel relies on an order of the Supreme Court in Civil Appeal 3007-3008 of 2020 dated 18th September, 2020 which drew a distinction between 'period of limitation' and 'the period upto which delay can be condoned in exercise of discretion conferred by the statute Counsel points to the prayer of the defendant for filing of its written statement within 8 weeks in the application made before the Master on 5th February, 2020.;