Daily Status
Special Courts for Trial and Disposal of Commercial Disputes, Andhra Pradesh
Case No : COS - 15/2023
Diary No : 3653706000882022
Agilent Technologies India Private Limited VS JanSat Labs Private Limited
Listing Date : 27/09/2023
Date 27/09/2023   Court No. 1
Proceedings Summery Both the counsels present. The learned counsel for the plaintiff taken objection to receive the written statement along with counter claim on record on the ground that the mandatory period of 120 days has been elapsed. On the other hand, the learned counsel for the defendant submitted that since the plaintiff failed to serve the copy of the plaint and the same was served on 01.09.2023, as such limitation to be counter from 01.09.2023 and relied upon the judgment of the Hon’ble High Court of AP reported in 2021 (1) ALD 411 (AP) DB, wherein it was held that: “Petitioner received copy of plaint from court through its counsel on 24.04.2019, service of summons without being accompanied by plaint cannot be construed as proper service of summons as per Rules 1 and 2 of Order V Limitation for filing written statement, therefore, needs to be counted from 24.04.2019 but not from a date anterior to the same.” Therefore, in view of the above proposition of law, in the present case also, the copy of the plaint was said to be served on the defendant on 01.09.2023, therefore, the limitation is to be counted from 01.09.2023. Therefore, the written statement-along with the counter claim can be taken on record, if they are otherwise in order. Call on 12.10.2023 Stage Of Case Call with I.As.