Shri Balaji Industrial Products Ltd. Jaipur vs. AIA Engineering Ltd. & Anr.

Code of Civil Procedure, 1908–Order 7, Rule 11 & Order 8, Rule 1–Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015–Commercial Court declined to take the written statement on record–Justification–Application under Order 7, Rule 11 was filed within 13 days from the date of service of summons–Written statement was filed after 42nd day of its dismissal–Held, it was filed in outer limit permissible under Order 8, Rule 1, amendment with respect of Act of 2015–Impugned order suffers from jurisdictional error–Set aside, however, the plaintiff is compensated with cost of Rs. 50,000/-.