2025:JHHC:25913 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 783 of 2025 ------ 1. Damodar Valley Cooperation, office at D.V.C. Towers, P.O. V.I.P. Road, P.S. Phoolbagan, District Kolkata 2. The Chairman, Damodar Valley Cooperation, office at D.V.C. Towers, P.O. V.I.P. Road, P.S. Phoolbagan, District Kolkata 3. Chief Engineer (Commercial), Damodar Valley Cooperation, office at D.V.C. Towers, P.O. V.I.P. Road, P.S. Phoolbagan, District Kolkata 4. Superintending Engineer (Electrical), Grid Operations and Maintenance Division – V, Damodar Valley Corporation, Hazaribagh, P.O., P.S. & District Hazaribagh .... .... …. Petitioners Versus M/s Bihar Foundry & Casting Limited, a company incorporated under the provisions of Companies Act, 1956, having its factory premise at Ramgarh Industrial Area, Marar, having its registered office at Main Road, Ranchi, P.S. Kotwali Town and District Ranchi through its Managing Director, Dr. Hari Krsishna Budhia, son of late R.K. Budhia, resident of near Surendra Nath Centenary School, P.O. Booty, P.S. Sadar, District Ranchi .... .... .... Opposite Party CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioners : Mr. Srijit Choudhary, Advocate Mr. Aayush Ojha, Advocate For the Opp. Party : Order No.03 / Dated : 28.08.2025 Instant civil miscellaneous petition has been filed by the defendants for quashing the order dated 09.05.2024 by which the learned Commercial Court refused to recall the order dated 22.12.2022 by which the prayer for accepting the written statement in Commercial Suit No.139/2022 beyond 120 days, was rejected. 2. It is submitted by the learned counsel on behalf of petitioners that the trial has still not commenced and therefore, no prejudice will be caused to the plaintiff on filing of the written statement. 3. Having considered the submissions advanced, this Court is of the view that there is no infirmity in the impugned order. Right to file written statement is forfeited by operation of law after 120 days. Restricted time line has been upheld by the Hon’ble Supreme Court in SCG Contracts (India) (P) Ltd. v. K.S. Chamankar Infrastructure (P) Ltd., (2019) 12 SCC 210 8. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 came into force on 23-10-2015 bringing in their wake certain amendments to the Code of Civil Procedure. In Order 5 Rule 2025:JHHC:25913 1, sub-rule (1), for the second proviso, the following proviso was substituted: 4. “Provided further 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 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 and 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.” 5. Equally, in Order 8 Rule 1, a new proviso was substituted as follows: 6. “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 such costs as the court deems fit, but which shall not be later than one hundred and twenty days from the date of service of summons and on expiry of one hundred and 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.” 7. This was re-emphasised by re-inserting yet another proviso in Order 8 Rule 10 CPC, which reads as under: 8. “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 to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up: 9. 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 statement.” 10. A perusal of these provisions would show that 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 payment of such costs as it 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 also adding that the court has no further power to extend the time beyond this period of 120 days. 11. In the light of the above stated proposition of law, I do not find any merit in the petition. Civil Miscellaneous Petition stands dismissed. Pending Interlocutory Application, if any, is disposed of. (Gautam Kumar Choudhary, J.) Anit