In Brief
The Supreme Court allowed the appeal of Prakash Corporates against an order declining its request to file a written statement in a commercial suit. The trial court rejected the request citing the 120-day statutory limit under the Commercial Courts Act, 2015, which had expired on 06.05.2021. The Supreme Court held that the period from 15.03.2020 to 02.10.2021, excluded by its COVID-19 pandemic relief orders (SMWP No. 3 of 2020), applies to the time limit for filing written statements and cannot be ignored merely because the time is otherwise mandatory. The Court also found that the administrative order restricting court functioning during lockdown rendered the period dies non juridicus (non-juridical days), and the trial court erred in not considering the defendant's pending application for stay of suit. The appellant's notarised written statement was ordered to be taken on record.
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