M/S GOPAL DASS THROUGH ITS PROP. AND OTHERS v. CONSUMER TOUCH THROUGH ITS AUTHORIZED REPRESENTATIVE
CR/1998/2025 · 2025-04-01
Deepak Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40792 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40792 (PNJ) · dailylaw.ai ]
Judgment text
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139 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-1998-2025 Date of Decision: April 01, 2025 M/s Gopal Dass through its proprietor and others …Pe00oners Versus Consumer Touch through its authorised representave …Respondent
CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Gaurav Singla, Advocate for the peoners.
DEEPAK GUPTA
, J.(Oral)
Peoners herein were defendants before the Commercial Court, Faridabad in the suit tled as “Consumer Touch v. M/s Gopal Dass and others”. Peoners-defendants failed to file wri%en statement within the mandatory period of 120 days. Later on, a+er expiry of 120 days period, they filed the wri%en statement. Applicaon of the plainff to take off record that wri%en statement has been accepted by the Commercial Court, Faridabad vide impugned order dated 21.01.2025 (Annexure P-4), which
order has been assailed before this Court by the defendants-peoners.
2. In “M/s SCG Contract India v. K.S. Chamankr Infrastructure Pvt. Ltd. and others”, AIR 2019 SC 2691, as referred by the trial Court, it was held by Hon’ble Supreme Court that it is mandatory for a defendant in a commercial suit to file its wri%en statement within 120 days, which includes extension period from the date of service of summons, failing which the defendant forfies its right to do so.
3. It is conceded in this case by learned counsel for the peoners that wri%en statement was not filed by the peoners-defendants within 120 days.
4. In view of above, this Court does not find any illegality or infirmity in the impugned order. As such, finding no merits in the present revision peon, the same is hereby dismissed. April 01, 2025
(DEEPAK GUPTA) sarita
JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
Sarita Rani 2025.04.02 10:04 I attest to the accuracy of this document/order