Counter-claim reply in commercial suits runs from service of notice, while appeals remain limited to specified orders.

In a commercial suit, a reply to a counter-claim is treated as a written statement to that counter-claim, and the period for filing it runs from service of the counter-claim notice with its copy on the plaintiff. The appellate remedy under the Commercial Courts Act is confined to orders specifically made appealable, so an order refusing extension of time to file such a reply was not amenable to appeal under the Letters Patent. The refusal of extension was nevertheless sustained on the facts, and the connected application also failed.

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Issues: (i) Whether an appeal lay against the order refusing extension of time to file a reply to the counter-claim in a commercial suit; (ii) Whether the time limit for filing the plaintiff's reply to the counter-claim was governed by the amended timeline under Order VIII Rule 1 of the Code of Civil Procedure or by the Original Side Rules and the date of service of the counter-claim.

Issue (i): Whether an appeal lay against the order refusing extension of time to file a reply to the counter-claim in a commercial suit.

Analysis: The appellate remedy under the Commercial Courts Act, 2015 is confined to the classes of orders specifically made appealable. The exclusionary scheme of Section 13, read with the binding construction placed on it, left no scope for invoking the Letters Patent against an order not falling within the enumerated category of appealable orders.

Conclusion: The appeal was not maintainable.

Issue (ii): Whether the time limit for filing the plaintiff's reply to the counter-claim was governed by the amended timeline under Order VIII Rule 1 of the Code of Civil Procedure or by the Original Side Rules and the date of service of the counter-claim.

Analysis: A counter-claim in a written statement partakes the character of a plaint, and the plaintiff's response is to be treated as a written statement to that counter-claim. In a commercial suit on the Original Side, the filing period was held to run from service of the notice of the counter-claim along with its copy, and not merely from the filing of the written statement. The Court also issued practice directions requiring scrutiny of counter-claims, service by the registry, and simultaneous supply of supporting documents, so that the plaintiff's time to respond is computed from such service.

Conclusion: The plaintiff's reply to the counter-claim was governed by service of the counter-claim notice, but the refusal to extend time was upheld on the facts.

Final Conclusion: The order refusing extension of time was sustained and the appeal, along with the connected application, failed.

Ratio Decidendi: In a commercial suit, a reply to a counter-claim is to be treated as a written statement to the counter-claim, but the right of appeal remains confined to the specific appellate scheme of the Commercial Courts Act, and an order outside that scheme is not appealable under the Letters Patent.

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