CR-3365-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 121 Shiv Shakti Agro Oils Private Limited and another ADM Agro Industries Kota & Akola Private Limited CORAM : HON'BLE MR Present: Mr. Ms. Manit Moorjani, Advocate (through VC) for the petitioner *** AMARINDER SINGH GREWAL C.M No.15835 Application is allowed as prayed for. Annexure P C.R. No.3365 of 2025 1. The present revision petition has been filed under Article 227 of the Constitution of Ind impugned orders dated 04.02.2025 (Annexure P passed by the learned Additional District Judge Commercial Court at Gurugram exercising j Courts Act, 2015 in CIS No.CS Akola Pvt. Ltd. Vs. Shiv Shakti Agro Oil Pvt. Ltd. and others defendants No.1 to 3 has been struck off. 2. Learned counsel for th herein filed a commercial suit for recovery against petitioners and two others before the learned Exclusive Commercial Courts, Gurugram. Petitioners received 2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR Date of Decision: Shiv Shakti Agro Oils Private Limited and another Versus ADM Agro Industries Kota & Akola Private Limited HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Mr. Jaiveer Singh, Advocate Ms. Manit Moorjani, Advocate (through VC) for the petitioners. *** AMARINDER SINGH GREWAL, J. (ORAL) -CII of 2025 Application is allowed as prayed for. Annexure P-8 documents are taken on record. C.R. No.3365 of 2025 The present revision petition has been filed under Article 227 of the Constitution of India read with Section 115 CPC seeking setting aside of the impugned orders dated 04.02.2025 (Annexure P passed by the learned Additional District Judge Commercial Court at Gurugram exercising j Courts Act, 2015 in CIS No.CS-78-2023 titled as Akola Pvt. Ltd. Vs. Shiv Shakti Agro Oil Pvt. Ltd. and others defendants No.1 to 3 has been struck off. Learned counsel for the petitioners inter alia herein filed a commercial suit for recovery against petitioners and two others before the learned Exclusive Commercial Courts, Gurugram. Petitioners received IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3365-2025 (O&M) Date of Decision:11.08.2025 Shiv Shakti Agro Oils Private Limited and another ... Petitioner ADM Agro Industries Kota & Akola Private Limited ... Respondent AMARINDER SINGH GREWAL Ms. Manit Moorjani, Advocate (through VC) , J. (ORAL) 8 documents are taken on record. The present revision petition has been filed under Article 227 of the ia read with Section 115 CPC seeking setting aside of the impugned orders dated 04.02.2025 (Annexure P-1) and 03.02.2025 (Annexure P passed by the learned Additional District Judge-cum-Presiding Judge, Exclusive Commercial Court at Gurugram exercising jurisdiction under the Commercial 2023 titled as ADM Agro Industries Kota & Akola Pvt. Ltd. Vs. Shiv Shakti Agro Oil Pvt. Ltd. and others whereby defence of inter alia contends that the respondent herein filed a commercial suit for recovery against petitioners and two others before the learned Exclusive Commercial Courts, Gurugram. Petitioners received IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Petitioners ... Respondent The present revision petition has been filed under Article 227 of the ia read with Section 115 CPC seeking setting aside of the 1) and 03.02.2025 (Annexure P-2) Presiding Judge, Exclusive urisdiction under the Commercial ADM Agro Industries Kota & whereby defence of contends that the respondent herein filed a commercial suit for recovery against petitioners and two others before the learned Exclusive Commercial Courts, Gurugram. Petitioners received PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CR-3365-2025 (O&M) two emails dated 07.10.2024 containing scan 30.09.2024 and further requiring their appearance in the said matter. The counsel for petitioners put in appearance before the learned Commercial Court for the very first time on 16.12.2024 and an application under Order IX Rule Section 151 CPC was filed seeking setting aside of ex parte proceedings. On the said date, counsel for the petitioners also apprised the learned Commercial Court that they had received only one page summons and not a complete copy of the plaint, on which, counsel for the respondent stated at bar that he would provide a soft copy of the plaint during the course of the day. During the course of the day, counsel for respondent provided a soft copy of the plaint through Whatsapp. However, till today, no provided to the petitioners. It is further submitted that the statutory period to file written statement under Order VIII Rule I CPC began on 16.12.2024 and on the next date of hearing on 2 time to file the written statement. On the next date of hearing on 03.02.2025, the learned Commercial Court service in the suit wrongly as 07.10.2 application seeking some more time for filing written statement was filed petitioners but the same stood dismissed and defence of petitioners has been struck off. It is also submitted that statutory period for filing written statement began from 16.12.2024 instead of 07.10.2014, as petitioners received respondent only on 16.12.2024. Furthermore, on 09.01.2025 No.2 expired and he remained busy in performing last rites and rituals of his mother and thus, could not contact his counsel and file the written statement on 2025 (O&M) -2- two emails dated 07.10.2024 containing scan 30.09.2024 and further requiring their appearance in the said matter. The counsel for petitioners put in appearance before the learned Commercial Court for the very first time on 16.12.2024 and an application under Order IX Rule Section 151 CPC was filed seeking setting aside of ex parte proceedings. On the said date, counsel for the petitioners also apprised the learned Commercial Court that they had received only one page summons and not a complete copy of the int, on which, counsel for the respondent stated at bar that he would provide a soft copy of the plaint during the course of the day. During the course of the day, counsel for respondent provided a soft copy of the plaint through Whatsapp. today, no hard copy of the suit i.e. plaint and other document is provided to the petitioners. It is further submitted that the statutory period to file written statement under Order VIII Rule I CPC began on 16.12.2024 and on the next date of hearing on 22.01.2025, counsel for the petitioner time to file the written statement. On the next date of hearing on 03.02.2025, the learned Commercial Court passed the impugned order while noting the date of service in the suit wrongly as 07.10.2024 instead of 16.12.2024. On 04.02.2025, application seeking some more time for filing written statement was filed but the same stood dismissed and defence of petitioners has been struck off. It is also submitted that statutory period of 30 days, extendable upto 120 days for filing written statement began from 16.12.2024 instead of 07.10.2014, as petitioners received soft copy of the plaint through Whatsapp from counsel for the respondent only on 16.12.2024. Furthermore, on 09.01.2025 No.2 expired and he remained busy in performing last rites and rituals of his mother and thus, could not contact his counsel and file the written statement on two emails dated 07.10.2024 containing scanned copy of summons dated 30.09.2024 and further requiring their appearance in the said matter. The counsel for petitioners put in appearance before the learned Commercial Court for the very first time on 16.12.2024 and an application under Order IX Rule VII read with Section 151 CPC was filed seeking setting aside of ex parte proceedings. On the said date, counsel for the petitioners also apprised the learned Commercial Court that they had received only one page summons and not a complete copy of the int, on which, counsel for the respondent stated at bar that he would provide a soft copy of the plaint during the course of the day. During the course of the day, counsel for respondent provided a soft copy of the plaint through Whatsapp. copy of the suit i.e. plaint and other document is provided to the petitioners. It is further submitted that the statutory period to file written statement under Order VIII Rule I CPC began on 16.12.2024 and on the 2.01.2025, counsel for the petitioners requested for some time to file the written statement. On the next date of hearing on 03.02.2025, the the impugned order while noting the date of 024 instead of 16.12.2024. On 04.02.2025, application seeking some more time for filing written statement was filed by the but the same stood dismissed and defence of petitioners has been struck of 30 days, extendable upto 120 days for filing written statement began from 16.12.2024 instead of 07.10.2014, as copy of the plaint through Whatsapp from counsel for the respondent only on 16.12.2024. Furthermore, on 09.01.2025, mother of petitioner No.2 expired and he remained busy in performing last rites and rituals of his mother and thus, could not contact his counsel and file the written statement on ned copy of summons dated 30.09.2024 and further requiring their appearance in the said matter. The counsel for petitioners put in appearance before the learned Commercial Court for the very VII read with Section 151 CPC was filed seeking setting aside of ex parte proceedings. On the said date, counsel for the petitioners also apprised the learned Commercial Court that they had received only one page summons and not a complete copy of the int, on which, counsel for the respondent stated at bar that he would provide a soft copy of the plaint during the course of the day. During the course of the day, counsel for respondent provided a soft copy of the plaint through Whatsapp. copy of the suit i.e. plaint and other document is provided to the petitioners. It is further submitted that the statutory period to file written statement under Order VIII Rule I CPC began on 16.12.2024 and on the requested for some time to file the written statement. On the next date of hearing on 03.02.2025, the the impugned order while noting the date of 024 instead of 16.12.2024. On 04.02.2025, by the but the same stood dismissed and defence of petitioners has been struck of 30 days, extendable upto 120 days for filing written statement began from 16.12.2024 instead of 07.10.2014, as copy of the plaint through Whatsapp from counsel for the , mother of petitioner No.2 expired and he remained busy in performing last rites and rituals of his mother and thus, could not contact his counsel and file the written statement on PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CR-3365-2025 (O&M) 04.02.2025, thus, prays for setting aside of impugned orders dated 03.02.2 04.02.2025. 3. Heard. 4. As per provisions of Order VIII Rule I CPC, suit the defendant fails to file the written statement within he shall be allowed to file the written statement on such other specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record. Order VIII Rule 1 CPC is reproduced as under: “1. Written Stateme the date of service of summons on him, present a written statement of his defence: statement within the said period of thirty days, he shall be al file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from Commercial dispute of a specified value statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of s costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the statement and the Court shall not allow the written statement to be taken on record. 10. Procedure when party fails to present written statement called for by Court. required u time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation 2025 (O&M) -3- 04.02.2025, thus, prays for setting aside of impugned orders dated 03.02.2 Heard. As per provisions of Order VIII Rule I CPC, the defendant fails to file the written statement within he shall be allowed to file the written statement on such other specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred nty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written tatement to be taken on record. Order VIII Rule 1 CPC is reproduced as under: 1. Written Statement.—The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence: Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be al file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons. Commercial dispute of a specified value Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of s costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the statement and the Court shall not allow the written statement to be taken on record. xxxx xxxx 10. xxxx xxxx 10. Procedure when party fails to present written statement called for by Court.—Where any party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation 04.02.2025, thus, prays for setting aside of impugned orders dated 03.02.2025 and As per provisions of Order VIII Rule I CPC, where in a commercial the defendant fails to file the written statement within a period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred nty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written tatement to be taken on record. Order VIII Rule 1 CPC is reproduced as under: efendant shall, within thirty days from the date of service of summons on him, present a written statement of Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than the date of service of summons. Commercial dispute of a specified value - where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of s costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be xxxx xxxx” 10. Procedure when party fails to present written statement called Where any party from whom a written statement is nder rule 1 or rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation 025 and in a commercial period of thirty days, day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred nty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written tatement to be taken on record. Order VIII Rule 1 CPC is reproduced as under:- efendant shall, within thirty days from the date of service of summons on him, present a written statement of Provided that where the defendant fails to file the written lowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of written statement and the Court shall not allow the written statement to be 10. Procedure when party fails to present written statement called Where any party from whom a written statement is nder rule 1 or rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CR-3365-2025 (O&M) to the suit as it thinks fit and on the pronouncement of suc a decree shall be drawn up: the time provided under Rule 1 of this Order for f statement.” 5. A bare perusal of aforesaid provisions makes it crystal clear the of 120 days is to be counted from the date of service of summons and not from the date when the first appearance was put in by the petitioners zimini orders placed on record as Annexure P on 31.07.2023 and the petitioners were served through email on 07.10.2024. However, no one put in appearance on their behalf on 23.10.2024 and they were proceeded against ex parte. On 16.12.2024, an application under Order 9 Rule 5 and 6 CPC was filed by 22.01.2025, the aforesaid application was allowed and order dated 23.10.2024 was set aside. Thereafter, the case was adjourned for 03.02.2025 for filing written statement, subject to payment of co neither the writte 04.02.2025, the defence of petitioner was struck off. 6. A perusal of provisions Order 8 Rule 1 CPC would show that in a commercial sui days. However, grace period of a further 90 days is granted which the Court may employ for reasons to be recorded in writing and deems fit to allow such importance is the fact that beyond 120 days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement t the proviso in Order 8 Rule 10 CPC by adding that no court shall make an order to 2025 (O&M) -4- to the suit as it thinks fit and on the pronouncement of suc a decree shall be drawn up: Provided further that no Court shall make an order to extend the time provided under Rule 1 of this Order for f statement.” A bare perusal of aforesaid provisions makes it crystal clear the of 120 days is to be counted from the date of service of summons and not from the date when the first appearance was put in by the petitioners zimini orders placed on record as Annexure P-8 reveals that the suit was presented n 31.07.2023 and the petitioners were served through email on 07.10.2024. However, no one put in appearance on their behalf on 23.10.2024 and they were proceeded against ex parte. On 16.12.2024, an application under Order 9 Rule 5 and 6 CPC was filed by petitioner for setting aside the ex parte proceedings. On 22.01.2025, the aforesaid application was allowed and order dated 23.10.2024 was set aside. Thereafter, the case was adjourned for 03.02.2025 for filing written statement, subject to payment of costs of Rs.5000/ neither the written statement was filed nor costs 04.02.2025, the defence of petitioner was struck off. A perusal of provisions Order 8 Rule 1 CPC would show that in a commercial suit, ordinarily a written statement is to be filed within a period of 30 days. However, grace period of a further 90 days is granted which the Court may employ for reasons to be recorded in writing and deems fit to allow such written statement to come on record. What is of great importance is the fact that beyond 120 days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record. This is further buttressed by the proviso in Order 8 Rule 10 CPC by adding that no court shall make an order to to the suit as it thinks fit and on the pronouncement of such judgment Provided further that no Court shall make an order to extend the time provided under Rule 1 of this Order for filing of the written A bare perusal of aforesaid provisions makes it crystal clear the period of 120 days is to be counted from the date of service of summons and not from the date when the first appearance was put in by the petitioners-defendants. Further, 8 reveals that the suit was presented n 31.07.2023 and the petitioners were served through email on 07.10.2024. However, no one put in appearance on their behalf on 23.10.2024 and they were proceeded against ex parte. On 16.12.2024, an application under Order 9 Rule 5 petitioner for setting aside the ex parte proceedings. On 22.01.2025, the aforesaid application was allowed and order dated 23.10.2024 was set aside. Thereafter, the case was adjourned for 03.02.2025 for filing written sts of Rs.5000/-. However, on 03.02.2025, n statement was filed nor costs was paid. Ultimately, on 04.02.2025, the defence of petitioner was struck off. A perusal of provisions Order 8 Rule 1 CPC would show that in a t, ordinarily a written statement is to be filed within a period of 30 days. However, grace period of a further 90 days is granted which the Court may employ for reasons to be recorded in writing and on payment of such costs, as it written statement to come on record. What is of great importance is the fact that beyond 120 days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall o be taken on record. This is further buttressed by the proviso in Order 8 Rule 10 CPC by adding that no court shall make an order to h judgment Provided further that no Court shall make an order to extend iling of the written period of 120 days is to be counted from the date of service of summons and not from the defendants. Further, 8 reveals that the suit was presented n 31.07.2023 and the petitioners were served through email on 07.10.2024. However, no one put in appearance on their behalf on 23.10.2024 and they were proceeded against ex parte. On 16.12.2024, an application under Order 9 Rule 5 petitioner for setting aside the ex parte proceedings. On 22.01.2025, the aforesaid application was allowed and order dated 23.10.2024 was set aside. Thereafter, the case was adjourned for 03.02.2025 for filing written . However, on 03.02.2025, was paid. Ultimately, on A perusal of provisions Order 8 Rule 1 CPC would show that in a t, ordinarily a written statement is to be filed within a period of 30 days. However, grace period of a further 90 days is granted which the Court may as it written statement to come on record. What is of great importance is the fact that beyond 120 days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall o be taken on record. This is further buttressed by the proviso in Order 8 Rule 10 CPC by adding that no court shall make an order to PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CR-3365-2025 (O&M) extend the time provided under Rule 1 of Order 8 CPC for filing of the written statement. Thus, the limitation of 120 day which written statement must be filed. statement within the mandatory statutory period of 120 days from the date of service of summons, despite being given sufficient opportun 5. In view of the aforesaid facts and circumstances, this Court is of the opinion that the learned Commercial Court has rightly struck off the defence of the petitioners as the written statement was not filed within the statutory period prescribed under Order 8 Rule 1 CPC and consequently, the impugned orders dated 03.02.2025 and 04.02.2025 are affirmed. The instant petition stands dismissed. August 11, 2025 Pankaj* 2025 (O&M) -5- extend the time provided under Rule 1 of Order 8 CPC for filing of the written statement. Thus, the limitation of 120 days is indeed mandatory in nature within which written statement must be filed. The petitioners did not file the written statement within the mandatory statutory period of 120 days from the date of service of summons, despite being given sufficient opportun In view of the aforesaid facts and circumstances, this Court is of the opinion that the learned Commercial Court has rightly struck off the defence of the petitioners as the written statement was not filed within the statutory period under Order 8 Rule 1 CPC and consequently, the impugned orders dated 03.02.2025 and 04.02.2025 are affirmed. The instant petition stands dismissed. The instant petition stands dismissed. (AMARINDER SINGH GREWAL , 2025 Whether speaking/reasoned Whether reportable extend the time provided under Rule 1 of Order 8 CPC for filing of the written s is indeed mandatory in nature within The petitioners did not file the written statement within the mandatory statutory period of 120 days from the date of service of summons, despite being given sufficient opportunities. In view of the aforesaid facts and circumstances, this Court is of the opinion that the learned Commercial Court has rightly struck off the defence of the petitioners as the written statement was not filed within the statutory period under Order 8 Rule 1 CPC and consequently, the impugned orders dated 03.02.2025 and 04.02.2025 are affirmed. The instant petition stands dismissed. AMARINDER SINGH GREWAL JUDGE Whether speaking/reasoned : Yes/No : Yes/No extend the time provided under Rule 1 of Order 8 CPC for filing of the written s is indeed mandatory in nature within The petitioners did not file the written statement within the mandatory statutory period of 120 days from the date of In view of the aforesaid facts and circumstances, this Court is of the opinion that the learned Commercial Court has rightly struck off the defence of the petitioners as the written statement was not filed within the statutory period under Order 8 Rule 1 CPC and consequently, the impugned orders dated 03.02.2025 and 04.02.2025 are affirmed. The instant petition stands dismissed. AMARINDER SINGH GREWAL) PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh