Daily Status
Special Courts for Trial and Disposal of Commercial Disputes, Andhra Pradesh
Case No : COS - 6/2024
Diary No : 3653605000222024
State of Telangana VS M/s. SAPL & MBL - IVRCL (Joint Venture)
Listing Date : 04/11/2024
Date 04/11/2024   Court No. 1
Proceedings Summery The defendant no. 1 filed the written statement on 19.09.2024 and the defendant no. 2 & 3 filed the written statement on 14.10.2024. The learned counsel for the plaintiff raised an objection that the after service of summons on the defendant no. 1 to 3, they filed undertaking memo to engage the counsel on 18.03.2024 and thereafter, the vakalat was filed on 08.04.2024 and the mandatory period of 120 days is completed by the time of filing the written statements by the defendant no. 1 to 3 and the same cannot be accepted. The learned counsel for the defendant no. 1 to 3 submitted that all the material papers along with the plaint copy is not provided to the defendants and submitted that all the material papers were provided to the defendant nos. 1 to 3 counsels on 13.06.2024 and therefore, the written statement is within time and relied upon the judgment in Atlanta Limited Vs. Metso India Pvt Ltd AIR 2021 Bombay 300 contending that the limitation of 120 days starts from the date of furnishing the copy of the plaint and other material documents . On perusal of the docket, it is evident that the plaintiff provided all material papers to the defendant no. 1 to 3 counsel on 13.06.2024 and therefore, the limitation has to be completed from the said date and in view of the same, the written statement filed by the defendant no. 1 to 3 are within the mandatory period of 120 days .cont Stage Of Case For Written Statement