Simplified Amended CPC as applicable to Commercial court Act for District Judge Interview

 1. Theme of Commercial CPC Amendments

• 3S Formula: Speed + Sincerity + Sanctions

• Applies to: Commercial disputes of specified value (Commercial Courts Act)

2. Written Statement (WS) – Hard Deadline Formula

• Basic: WS within 30 days from service of summons

• Extension: Court may allow up to +90 days, with reasons + costs

• Absolute cap: 30 + 90 = 120 days (max)

• After 120 days: Right to file WS forfeited; WS cannot be taken on record

• Relevant: O.V r.1 proviso, O.VIII r.1 proviso, O.VIII r.10 proviso

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Whether court is precluded from recording further examination in chief of witness in view of Amended C.P.C.?

The Counsel for the Defendants, would, however, argue that in the examination-in-chief, the Plaintiff has made no mention about the fact as to who had signed the said document and whether it was signed in his presence or that he was in a position to identify the signature appearing on the said document. According to the Defendants, this evidence ought to have come in the affidavit in lieu of examination-in-chief as is required to be filed in terms of Order XVIII Rule 4 of the C.P.C. It was argued that although the Plaintiff later on entered the witness box and his further examination-in-chief has been recorded by the Court, in which all necessary details are mentioned in relation to the suit Bill of Exchange, that evidence cannot be looked into. This argument deserves to be merely stated to be rejected. There is nothing in the amended C.P.C. which precludes the Court from recording further examination-in-chief of the Plaintiff.

Bombay High Court

Rajesh Varma vs Aminex Holdings And Investments, ... on 10 January, 2008

Equivalent citations: 2008 (2) BomCR 588,

2008(3) MHLJ 460

A.M. Khanwilkar, J.

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