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Delhi High Court Holds Delay in Filing Amended Written Statement in Commercial Suit Can Be Condoned if Prejudice Would Otherwise Be Caused: “If Amended Written Statementis Taken Off the Record, It Would Cause Serious Prejudice to the Defendant” — Allows Amended Pleading Filed 89 Days After Amended Plaint

Delhi High Court Holds Delay in Filing Amended Written Statement in Commercial Suit Can Be Condoned if Prejudice Would Otherwise Be Caused: “If Amended Written Statementis Taken Off the Record, It Would Cause Serious Prejudice to the Defendant” — Allows Amended Pleading Filed 89 Days After Amended Plaint

Delhi High Court Holds Delay in Filing Amended Written Statement in Commercial Suit Can Be Condoned if Prejudice Would Otherwise Be Caused: “If Amended Written Statementis Taken Off the Record, It Would Cause Serious Prejudice to the Defendant” — Allows Amended Pleading Filed 89 Days After Amended Plaint

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Court’s Decision

The Delhi High Court allowed the petitioner’s plea to take the amended written statement on record despite a delay in filing. The Court held that although timeframes for filing pleadings in commercial disputes are mandatory, a degree of flexibility may be exercised when the amended written statement is filed within a reasonable period — in this case, 89 days from the date the amended plaint was filed. The Court imposed a cost of ₹10,000 on the petitioner for the delay and directed compliance with a prior cost order of ₹25,000.


Facts

The petitioner was the defendant in a commercial suit originally filed on 23.04.2019. She had filed her written statement on 06.05.2023, within the statutory timeframe provided under Order VIII Rule 1 CPC for commercial disputes.

Subsequently, the plaintiff moved a second application seeking amendment of the plaint, which was allowed by the Trial Court on 29.11.2024. The plaintiff filed the amended plaint on 18.12.2024, reducing the claim from ₹38,07,100/- to ₹28,28,784/- and deleting two out of three defendants.

The Trial Court directed the petitioner (defendant) to file an amended written statement by the next date of hearing, i.e., 17.01.2025. However, the petitioner failed to do so within this timeframe and moved an application for extension of time on 28.02.2025, along with a prayer for condonation of delay. This application was dismissed by the Trial Court on 16.04.2025. The petitioner challenged this order before the High Court.


Issues

  1. Whether the delay in filing the amended written statement should be condoned.
  2. Whether the dismissal of the application for condonation of delay was justified under the Commercial Courts Act and CPC provisions.

Petitioner’s Arguments


Respondent’s Arguments


Analysis of the Law


Precedent Analysis

The judgment did not cite any specific precedent but relied on interpretation of Order VI Rule 18 and the principles underlying Order VIII Rule 1 CPC as applicable to commercial suits.


Court’s Reasoning


Conclusion

The Delhi High Court set aside the order of the Trial Court refusing to accept the amended written statement. It permitted the written statement to be taken on record subject to a cost of ₹10,000 to be paid to the respondent on the next date of hearing. Additionally, it directed that a previously imposed cost of ₹25,000 be deposited with the concerned fund within two weeks.


Implications


Also Read – Bombay High Court Directs NHAI to Pay Statutory Solatium and Interest Despite Arbitral Silence and Availability of Alternate Remedy: “Refusal to Grant Benefits in Arbitral Award Does Not Preclude Writ Jurisdiction Under Article 226”

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