If a Defendant's right to file its Written Statement stands forfeited after the expiry of 120 days, the

Plaintiff too ought to adhere to strict timelines. Hence, it is recommended that such provisions and rules
are introduced so as to ensure that in a Commercial Suit filed before a Commercial Court / Commercial
Division, the Plaintiffs are directed to remove all office objections and have the Commercial Plaint
numbered within the time limit so prescribed. Further, the office of every Commercial Court /
Commercial Division ought to be directed to render all possible assistance to the Plaintiffs' advocates to
ensure that all office objections are removed and intimated to the advocates for the Plaintiffs'.
Thereafter, upon due registration of the Plaint, it ought to be necessary for the Plaintiff to forthwith take
steps to serve upon the Defendant(s) the writ of summons. In the event the Plaintiff is unable to serve
the summons within the time limit so prescribed, all steps should be taken including those of substituted
service etc. so as to effect due service expeditiously. In the event the Plaintiff and its Advocates fail to
adhere to these timelines, the Commercial Suits so filed and belatedly numbered/served ought to be
dismissed without any further reference to the Commercial Court / Commercial Division.

In view of the above, it is clarified that the period of 120 days will commence from the date of service of
the Writ of Summons and not the date a Defendant first enters appearance. In other words, a party or its
Advocate/s can no longer rely on the above notification and avoid serving the writ of summons .
However, in order to ensure expeditious disposal of Commercial Suits and in order to save time of this
Court . In such instance, there would be no requirement to serve the Writ of Summons. This will prevent
the loss of days involved in serving the Writ of Summons and will expedite commencement of trial and
consequently, disposal of Commercial Suits.