Supreme Court of India
M/s Anvita Auto Tech Works Pvt. Ltd. v. M/s Aroush Motors & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the considered view that the present appeal deserves to be allowed and accordingly, the same stands Allowed . Consequently, the impugned judgment dated 20.05.2025 in Commercial Appeal No. 19 of 2023 and consequently the judgment and decree passed in commercial suit No.372/2021 by the Addl.
Judgment, page 13
From the headnote
Issue for Consideration Whether the High Court was correct in observing that on account of non-filing of written statement by the defendant, his right to cross-examination is taken away. Headnotes† Commercial Courts Act, 2015 – Code of Civil Procedure, 1908 – Proviso to sub-rule (1) of r.1 of Or.VIII; Second Proviso to Sub- rule (1) of r.1 of Or.V – Written statement – General Clauses Act, 1897 – s.9 – Appellant-defendant No.1 filed Written Statement in commercial suit on 07.01.2022, beyond the statutory period of 120 days which had expired on 14.11.2021, in the light of the COVID-19 pandemic
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