Filing Written Statement Is Statutory Right, Cannot Be Denied Over Procedural Lapses: Calcutta High Court
The Calcutta High Court on Thursday held that the right to file a written statement is a statutory right and that this right cannot be denied merely for procedural lapses if the filing is otherwise within the time allowed by law.
A Single Bench of Justice Aniruddha Roy made the ruling while allowing several defendants in a commercial dispute involving the Central Bank of India to file their written statement on the very last permissible day.
It said, “Right to file written statement is also statutory right which is in conformity with the elementary principle of natural justice. If the defendant is denied of this right of filing written statement, if it is otherwise permitted to be filed by extending the time to be extended by the Court within the meaning of the four corners of the relevant statute, then such valuable right to defend the proceeding by the defendant would be defeated."
As per provisions of the Code of Civil Procedure, a defendant is required to file a written statement within 30 days of receiving the summons. The court may, on payment of costs, allow additional time to file the statement, but such extension cannot exceed 120 days from the date of service of summons. After 120 days, the right to file the written statement is forfeited and the court cannot take it on record.
The dispute arose out of allegations concerning share transfers that the Central Bank of India had challenged. The defendants were served with summons between July and August 2025 but failed to file their written statement within the initial 30 days. They then sought condonation of an 87-day delay and filed an application for extension two days before the expiry of the 120-day limit.
Counsel for the defendants submitted that the delay was inadvertent and not due to negligence. He pointed out that the plaint and accompanying documents spanned eleven volumes and that the defendants were simultaneously engaged in defending multiple interlocutory applications, including one for injunction. He added that the written statement could not be settled earlier because senior counsel was unavailable during the Puja vacation.
On the other hand, counsel for the plaintiff-bank opposed the application, arguing that the defendants were already aware of all relevant documents and that the pendency of other applications could not justify missing the mandatory deadline. He relied on a Supreme Court judgment that emphasized strict compliance with the 120-day limit in commercial cases.
After hearing both sides, the court found that the application was filed within the statutory 120-day period and that sufficient grounds existed to exercise its discretion.
It further explained that the amendment to Order VIII Rule 1 of the CPC grants the court the authority to exercise discretion in allowing the filing of a written statement beyond the initial 30 days. However, such discretion must be exercised carefully and based on the specific facts of each case.
The court noted that the provision for payment of costs serves as a curative measure, allowing a defaulting party to present its defence within the statutory 120-day period, ensuring that procedural lapses do not completely bar a party from defending its case.
Allowing the plea for condonation of delay, the court extended the time for filing the written statement until 6 p.m. on November 6, 2025, noting that it was already “10 past 4:00 p.m.” The court directed the erring defendants to pay Rs 50,000 to the State Legal Services Authority, West Bengal, within seven days. It further ordered that if the payment was not made within the stipulated time, the written statement would be returned to the defendants, and the court would not take it on record.
Case Title: Central Bank of India & Ors v Jay Kumar Goyal and Ors
Case Number: CS-COM/83/2025
For Plaintiff: Senior Advocate Debnath Ghosh with Advocates Sabarni Mukherjee, Orijit Chatterjee, Shubham Raj
For Defendants: Advocates Sarosij Dasgupta, Aditya Mondal, Rupak Ghosh, Rohit Banerjee, Oindrila Ghosal, Dhruv Chaddha, Suryaneel Das