Madras High Court
CRP/6123/2026 of M/s.Janani Marketing Vs M/s.Rakil Foods on 5 October 2026
CRP No. 6123 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6123 of 2026
CNR:{HCMA010830012026}
AND
CMP NO. 26535 OF 2026
M/s.Janani Marketing
Rep by Prorietrix Surega,
W/o Kamalraj,
No 2, Anna Nagar,
Thirukatchur,
Singa Perumal Koil
Chennai 603201
..Petitioner(s)
Vs
1. M/s.Rakil Foods
Rep by its Proprietrix,
Sivasankari Rep by Power Agent
K,Karthikeyan,
No 44, Second Street,
Kalaignar Nagar, Villupuram Town 605 602
2. M/s.Sanjana Marketing
rep by its Proprietrix Surega
No.42, Anna Nagar, Thirukatchur,
Singaperumal Koil, Chengalpet 603201
..Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside docket order dated 11.02.2026 in C.O.S. No.40 of 2026 on the file of Commercial Court (District Judge) Chengalpattu and pass orders.
For Petitioner(s):
M/S.S.Thamil Prabhu
CRP No. 6123 of 2026
For Respondent(s):
Mrs.T.Sreelekha for R1
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Order
This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the docket order dated 11.02.2026 wherein the petitioner/1st defendant was barred from filing the written statement on the ground that the period of 120 days had expired.
2. Heard the learned counsel appearing on either side and carefully perused the materials available on record as well as the order passed by the Court below.
3. The 1st respondent is the plaintiff who has instituted a commercial suit seeking for the relief of recovery of money. The petitioner is the 1st defendant in the suit. Under the provisions of the Commercial Court Act, 2015, the written statement has to be filed strictly within a period of 90 days and thereafter, a further period of 30 days can be extended. On the completion of 120 days, the right of defendant to file a written statement will stand forfeited. In the case in hand, the 120 days period had already expired and therefore, the Court below held that the right of defendants 1 and 2 to file written statement was forfeited. Aggrieved by the same, the present revision has been filed
CRP No. 6123 of 2026
before this Court.
4. In the considered view of this Court, the order passed by the Court below does not suffer from any perversity, warranting the interference of this Court. The Court below has only reiterated the mandatory provisions under the Commercial Court Act and the Court below does not have the jurisdiction to entertain any written statement filed beyond 120 days.
5. In view of the above, the order passed by the Court below is sustained and this Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To The Commercial Court (District Judge) Chengalpattu
CRP No. 6123 of 2026
N.ANAND VENKATESH J. RKA CRP No. 6123 of 2026 AND CMP NO. 26535 OF 2026 05-10-2026