In Brief
In a commercial dispute between an auto dealer and the manufacturer over non-performance of dealership obligations, the trial court rejected the defendant's Written Statement filed beyond the 120-day statutory period and barred cross-examination. The Supreme Court held that since the delay fell within the COVID-19 limitation suspension period (15.03.2020–28.02.2022), the defendant was entitled to file the Written Statement and exercise cross-examination rights. The Court reaffirmed that procedural rules must serve justice, not obstruct it, and that the right to cross-examine is fundamental to defence regardless of Written Statement filing. The judgment was set aside and the case remanded for fresh trial with cost of Rs. 1 lakh, to be completed within six months.
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