Strict 120-Day Limit Applies to Plaintiffs Replying to Counter-Claims in Commercial Suits
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Case: A.K. GHOSH AND COMPANY v. BIMAN BOSE
Court: Supreme Court of India
Date: 13-07-2026
Law: Code of Civil Procedure, Commercial Courts Act, Arbitration and Conciliation Act.
Highlights of the Judgment:
- Interpretation of Order VIII Rule 6G of the Code of Civil Procedure, 1908, regarding the applicability of written statement rules to counter-claims.
- Application of the mandatory 120-day temporal limit under the Commercial Courts Act, 2015, to a plaintiff's reply to a counter-claim.
- Analysis of the interplay between Order VIII Rule 6A(3) and Order VIII Rule 1 of the Code of Civil Procedure, 1908.
- Scope of appellate jurisdiction under Section 13(1A) of the Commercial Courts Act, 2015, and the exclusion of non-enumerated orders.
- Reconciliation of conflicting High Court precedents on condonation of delay in filing subsequent pleadings.