Commercial suit written statement deadlines remain mandatory; pandemic limitation orders do not extend the statutory outer limit.

In commercial suits, the amended proviso to Order VIII Rule 1 CPC allows 30 days to file the written statement, with a further period available only on recorded reasons and costs, but the outer limit of 120 days from service of summons is mandatory. The additional time is not part of the prescribed limitation period and cannot be enlarged beyond that statutory window. The Supreme Court's pandemic-related limitation orders extended only limitation periods, not the court's discretion to condone delay or extend time for filing a written statement. On the stated facts, the extension application was moved after the initial 30 days and sought time beyond the statutory limit, so it was rejected as not maintainable.

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Issues: Whether the defendant was entitled to extension of time to file the written statement in a commercial suit beyond the statutory period under Order VIII Rule 1 of the Code of Civil Procedure, 1908 as amended by the Commercial Courts Act, 2015, and whether the Supreme Court's orders extending limitation during the pandemic applied to that additional period.

Analysis: The amended proviso to Order VIII Rule 1 provides an initial period of 30 days to file the written statement, with a further period that may be allowed for recorded reasons and costs, but only up to 120 days from service of summons in commercial disputes. The outer limit is therefore mandatory and the further period is not part of the prescribed limitation period. The Supreme Court's order extending limitation during the pandemic, read with the later clarification, extended only the period of limitation and not the period during which a court may condone delay or enlarge time in its discretion. On the facts, the application for extension was moved after the initial 30 days and sought time beyond the statutory window.

Conclusion: The application for extension of time was not maintainable and was rejected.

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