M/S ANVITA AUTO TECH WORKS PVT. LTD. versus M/S AROUSH MOTORS & ANR.

M/S ANVITA AUTO TECH WORKS PVT. LTD. versus M/S AROUSH MOTORS & ANR.

The Supreme Court held that the High Court erred in refusing to treat the written statement filed on 07.01.2022 in the light of this Court's orders excluding the period 15.03.2020 to 28.02.2022 for limitation purposes; further, non-filing of the written statement did not extinguish the defendant's right to cross-examine the plaintiff's witnesses. The impugned judgment and decree as against Defendant No.1 were set aside and the matter was remanded for the trial court to permit the appellant to file its written statement subject to payment of costs and to allow cross-examination.

Parties
Appellant / Defendant No.1: M/s Anvita Auto Tech Works Pvt. Ltd.; Respondent No.1 / Plaintiff: M/s Aroush Motors; Respondent No.2 / Defendant No.2: Conair Equipment Pvt. Ltd.
Jurisdiction
India
Judgment Date
08 October 2025
Procedural Posture
Civil Appeal / Final Judgment on Appeal to the Supreme Court
Outcome
Appeal allowed; impugned judgment and decree set aside as to Defendant No.1 and matter remanded to trial court
Legal Topics
Written Statement, Limitation Period for Filing Written Statement (120 Days), Right to Cross Examine, COVID 19 Extension of Limitation, Condonation of Delay, Procedural Rules and Technicalities
Commercial Courts Civil Procedure Limitation Law Written Statement Limitation Period for Filing Written Statement (120 Days) Right to Cross Examine COVID 19 Extension of Limitation Condonation of Delay +1 more

Case Brief

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Parties

M/s Anvita Auto Tech Works Pvt. Ltd.

Appellant / Defendant No.1

M/s Aroush Motors

Respondent No.1 / Plaintiff

Conair Equipment Pvt. Ltd.

Respondent No.2 / Defendant No.2

Procedural Posture

Civil Appeal / Final Judgment on Appeal to the Supreme Court

Legal Issues

  1. 1 Whether non-filing of written statement results in forfeiture of the right to cross-examination
  2. 2 Whether the exclusion of the period 15.03.2020 to 28.02.2022 (In Re: Cognizance for Extension of Limitation) required the trial court/High Court to permit filing of the written statement filed on 07.01.2022
  3. 3 Whether the trial court erred in rejecting the application to take the written statement on record and in treating cross-examination as Nil

Ratio Decidendi

The Supreme Court held that the High Court erred in refusing to treat the written statement filed on 07.01.2022 in the light of this Court's orders excluding the period 15.03.2020 to 28.02.2022 for limitation purposes; further, non-filing of the written statement did not extinguish the defendant's right to cross-examine the plaintiff's witnesses. The impugned judgment and decree as against Defendant No.1 were set aside and the matter was remanded for the trial court to permit the appellant to file its written statement subject to payment of costs and to allow cross-examination.

Court Disposition

Appeal allowed; impugned judgment and decree set aside as to Defendant No.1 and matter remanded to trial court

Orders

  • Impugned judgment dated 20.05.2025 in Commercial Appeal No.19 of 2023 set aside
  • Judgment and decree dated 15.11.2022 in Commercial Suit No.372/2021 qua Defendant No.1 set aside