INTRODUCTION
The Hon'ble Supreme Court of India ("Apex Court"),
in a recent case titled as M/s SCG Contracts India Pvt. Ltd.
vs. M/s KS Chamankar Infrastructure Pvt. Ltd., [C.A. No.
1638/2019] has held that it is mandatory to file the written
statement in a commercial suit within 120 days from the date of
service of summons upon the Defendant(s) and if the Defendant fails
to do so, the right to file the same is forfeited, which cannot be
saved or extended even by invoking Section 151 of the Code of Civil
Procedure ("Code"). The present article, shall briefly
discuss the effect and impact of the above decision.
A. BRIEF FACTS OF THE CASE:
The brief facts leading to the filing of the appeal before the
Apex Court are that M/s SC Contracts India Pvt. Ltd.
("Appellant") filed a suit against M/s K.S. Chamankar
Infrastructure Pvt. Ltd. ("Respondent") before the
Hon'ble High Court of Delhi and claimed a sum of approx. Rs.
6,94,63,114/-. Since the subject matter of the
