M/s SCG Contracts India Pvt. Ltd v. K.S. Chamankar Infrastructure Pvt. Ltd & Ors. (2019)

In SCG Contracts v. Chamankar, the Supreme Court made it crystal clear: in commercial suits, a defendant’s written statement cannot be taken on record after 120 days from service of summons. The bar is hard and absolute.

• Bottom line: Day 121 = too late, no discretion.
• Effect: Any written statement filed beyond 120 days must be removed from the record.

1. Can a court accept a written statement filed after 120 days in a commercial suit?

• Commercial suits timeline: Written statement must be filed within 30 days; extendable for reasons up to an outer limit of 120 days from service of summons.
• Post-120 days: Court shall not take the written statement on record. No further extension is permitted.

• Appeal allowed: Orders dated 5 Dec 2017 & 24 Sep 2018 set aside.
• WS struck off: Written statement filed beyond 120 days was removed from the record.
• Rule reaffirmed: Courts cannot extend the outer limit in commercial suits.

In commercial suits, after 120 days from service of summons, courts have no power to accept the defendant’s written statement.

• Speeds up commercial litigation—no delays through late pleadings.
• Gives lawyers a clear, non-negotiable timeline.
• Encourages early case management and readiness.

• 1 120 days = hard stop in commercial suits.
• 2 Prior extensions cannot defeat the statute.
• 3 Late WS must be removed from the record.
• 4 Plan pleadings early; avoid last-minute filings.

Mnemonic: “HARD 120”

• Halt at 120 — no more time.
• Absolute bar after service-based count.
• Remove late WS from record.
• Don’t rely on indulgence orders.

3-Step Hook:

1. Note service date of summons.
2. Track up to 120 days with reasons if extended.
3. On day 121, bar applies; WS can’t be taken on record.

Commercial Suit

A suit governed by the Commercial Courts regime with strict timelines.

Written Statement (WS)

Defendant’s formal response to the plaint.

Outer Limit

Final, non-extendable deadline—here, 120 days from service.

Order VIII Rule 1 CPC

Provision on filing WS; in commercial suits, operates with a hard cap.