Supreme Court · 2025 INSC 1202 · Decided 8 October 2025

M/S Anvita Auto Tech Works PVT. LTD. v. M/S Aroush Motors & ANR.

Court
Supreme Court of India
Citation
2025 INSC 1202 · [2025] 10 S.C.R. 559
Case number
CIVIL APPEAL No. 12539/2025
Decided
8 October 2025
Bench
ARAVIND KUMAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

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. Commercial Courts Act, 2015 - Code of Civil Procedure, 1908 - Proviso to sub-rule 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

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