Justice Aravind Kumar and Justice NV Anjaria set aside the Karnataka High Court’s decision, which affirmed the Commercial Court’s decision rejecting the Appellant’s

The Supreme Court on Wednesday (October 8) reiterated that the Written Statement filed belatedly in a commercial suit after the mandatory period of 120 days cannot be rejected when it was filed during COVID-19, as the delay fell entirely within the COVID-19 limitation extension ordered by the Supreme Court in In Re: Cognizance for Extension of Limitation.

A bench of Justice Aravind Kumar and Justice NV Anjaria set aside the Karnataka High Court’s decision, which affirmed the Commercial Court’s decision rejecting the Appellant’s application to file a Written Statement (filed on 07.01.2022) as the 120-day period ended on 14.11.2021. The High Court also justified that the Appellant lacked the right to cross-examine the witnesses, as its statutory right to file a written statement had been forfeited.