w w w . L a w y e r S e r v i c e s . i n



M/s. Unitech – NCC (JV), a Joint Venture of M/s. United Limited, a Joint Venture of Unitech Limited and M/s. Nagarjuna Constructions Company Limited, Hyderabad v/s M/s. I.S.N. Raju Infrastructures (P) Limited, Represented by its Executive Director Ravi Kumar Raju Dandu & Others


Company & Directors' Information:- UNITECH LIMITED [Active] CIN = L74899DL1971PLC009720

Company & Directors' Information:- NCC LIMITED [Active] CIN = L72200TG1990PLC011146

Company & Directors' Information:- NCC LIMITED [Active] CIN = L72200AP1990PLC011146

Company & Directors' Information:- C & C CONSTRUCTIONS LIMITED [Active] CIN = L45201DL1996PLC080401

Company & Directors' Information:- NAGARJUNA CORPORATION LIMITED [Amalgamated] CIN = U24129MH2001PLC210070

Company & Directors' Information:- C K INFRASTRUCTURES LIMITED [Active] CIN = U70200DL1997PLC089706

Company & Directors' Information:- D B INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U04520MP2006PTC018493

Company & Directors' Information:- R S INFRASTRUCTURES LIMITED [Active] CIN = U45201PB1997PLC020316

Company & Directors' Information:- UNITECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74899DL1983PTC015491

Company & Directors' Information:- U G CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400TN2010PTC074921

Company & Directors' Information:- A G R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG1997PTC028180

Company & Directors' Information:- N J R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45209TG2009PTC065101

Company & Directors' Information:- C P R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG2008PTC057937

Company & Directors' Information:- P L RAJU CONSTRUCTIONS LIMITED [Active] CIN = U45200TG1994PLC017508

Company & Directors' Information:- S T CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC127181

Company & Directors' Information:- K R INFRASTRUCTURES LIMITED [Active] CIN = U73100TG1992PLC013995

Company & Directors' Information:- J P G CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC124763

Company & Directors' Information:- B O CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U00000DL2000PTC103440

Company & Directors' Information:- V R G CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45208TN2013PTC090378

Company & Directors' Information:- G N R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70200KA2004PTC034839

Company & Directors' Information:- E C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC092928

Company & Directors' Information:- I P CONSTRUCTIONS PVT LTD [Active] CIN = U45201DL2005PTC141372

Company & Directors' Information:- A R R S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45202TZ2008PTC014926

Company & Directors' Information:- KUMAR CONSTRUCTIONS LIMITED [Amalgamated] CIN = U45200DL1972PLC006126

Company & Directors' Information:- S K CONSTRUCTIONS LIMITED [Amalgamated] CIN = U45200DL1972PLC006224

Company & Directors' Information:- D N R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG2011PTC074563

Company & Directors' Information:- I M B INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70102DL2009PTC195079

Company & Directors' Information:- Y K M INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45202CH2006PTC029960

Company & Directors' Information:- R 3 INFRASTRUCTURES LIMITED [Active] CIN = U45400DL2014PLC268953

Company & Directors' Information:- P G M INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U01119AP2007PTC054326

Company & Directors' Information:- D A P CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201WB1997PTC086056

Company & Directors' Information:- N H INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45209CH2010PTC032243

Company & Directors' Information:- M R CONSTRUCTIONS PVT LTD [Active] CIN = U45202WB1987PTC041958

Company & Directors' Information:- E AND A CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG2007PTC052569

Company & Directors' Information:- J N C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1998PTC093071

Company & Directors' Information:- Y D INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70102UP2009PTC037603

Company & Directors' Information:- C 4 INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45201MH2013PTC242843

Company & Directors' Information:- P R D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC132422

Company & Directors' Information:- R A CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74120DL1999PTC101132

Company & Directors' Information:- S V P CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U15100KA2013PTC072347

Company & Directors' Information:- A U CONSTRUCTIONS (HYDERABAD) PRIVATE LIMITED [Strike Off] CIN = U45400TG2011PTC078043

Company & Directors' Information:- J B UNITED PRIVATE LIMITED [Active] CIN = U93000MH2014PTC258844

Company & Directors' Information:- J B UNITED PRIVATE LIMITED [Active] CIN = U74999MH2014PTC258844

Company & Directors' Information:- V G V CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TZ2003PTC010825

Company & Directors' Information:- B S V R INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45209TG2009PTC064901

Company & Directors' Information:- C L S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074067

Company & Directors' Information:- R M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC136640

Company & Directors' Information:- V AND K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200TG2001PTC036581

Company & Directors' Information:- R K CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U45400UP2009PTC039089

Company & Directors' Information:- H M R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U27209WB1944PTC011901

Company & Directors' Information:- H A M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140214

Company & Directors' Information:- B M R C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC126958

Company & Directors' Information:- B B VENTURE PRIVATE LIMITED [Active] CIN = U52209CT2008PTC020645

Company & Directors' Information:- A V A CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200DL2006PTC154123

Company & Directors' Information:- J L INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200TN2008PTC066965

Company & Directors' Information:- N B CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC153179

Company & Directors' Information:- T & C INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U70102TG2008PTC060995

Company & Directors' Information:- U R C INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200TG2008PTC058894

Company & Directors' Information:- V P V CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202TZ2002PTC010021

Company & Directors' Information:- R V A INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70102UP2013PTC056289

Company & Directors' Information:- P K CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45202WB1990PTC048623

Company & Directors' Information:- D B S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201BR1990PTC003954

Company & Directors' Information:- P R P CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TN1995PTC032833

Company & Directors' Information:- N S CONSTRUCTIONS (INDIA) LIMITED [Active] CIN = U70101DL1997PLC088867

Company & Directors' Information:- B B CONSTRUCTIONS LTD [Active] CIN = U70101WB1988PLC045084

Company & Directors' Information:- S V P CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45203KA2013PTC072347

Company & Directors' Information:- S. C. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400AS2012PTC010876

Company & Directors' Information:- S R G INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74110DL2005PTC134967

Company & Directors' Information:- S R G INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70101DL2005PTC134967

Company & Directors' Information:- K & R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201AS2011PTC010822

Company & Directors' Information:- N. C. R. INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45400UP2008PTC034623

Company & Directors' Information:- M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC148776

Company & Directors' Information:- V Y CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201UP2014PTC062964

Company & Directors' Information:- G V B CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U70100TG1998PTC028935

Company & Directors' Information:- P K D CONSTRUCTIONS PVT LTD [Strike Off] CIN = U74999WB1980PTC032820

Company & Directors' Information:- H K P CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202OR2001PTC006458

Company & Directors' Information:- G S S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201TZ1992PTC003665

Company & Directors' Information:- C AND M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130723

Company & Directors' Information:- A G P CONSTRUCTIONS COMPANY PRIVATE LIMITED [Active] CIN = U45201AN2006PTC000078

Company & Directors' Information:- S I A CONSTRUCTIONS PVT LTD [Active] CIN = U45202WB1993PTC061189

Company & Directors' Information:- P H CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201DL2004PTC125388

Company & Directors' Information:- G G CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC028772

Company & Directors' Information:- N S V CONSTRUCTIONS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70101WB1997PTC084753

Company & Directors' Information:- S M C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201MH2000PTC123619

Company & Directors' Information:- T AND P CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45309PN2020PTC191603

Company & Directors' Information:- R K CONSTRUCTIONS PVT LTD [Strike Off] CIN = U24248UP1984PTC006613

Company & Directors' Information:- H V CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400MH2008PTC183930

Company & Directors' Information:- K M S CONSTRUCTIONS PVT LTD [Active] CIN = U26931TG1983PTC004119

Company & Directors' Information:- M S R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201TG2000PTC035352

Company & Directors' Information:- K P C CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45204DL2012PTC233771

Company & Directors' Information:- A G M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202KL2002PTC015340

Company & Directors' Information:- P T INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U51909DL2007PTC159635

Company & Directors' Information:- A N CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400UP2008PTC035171

Company & Directors' Information:- S. L. INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45203PB2007PTC031300

Company & Directors' Information:- D N CONSTRUCTIONS PVT LTD [Active] CIN = U45203AS1983PTC002024

Company & Directors' Information:- S A R VENTURE PRIVATE LIMITED [Active] CIN = U70102DL2015PTC275704

Company & Directors' Information:- P S V CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45209TG2009PTC064768

Company & Directors' Information:- K B C CONSTRUCTIONS LIMITED [Strike Off] CIN = U45209CH2011PLC032890

Company & Directors' Information:- V C H INFRASTRUCTURES PRIVATE LIMITED [Under Process of Striking Off] CIN = U45203KL2011PTC028762

Company & Directors' Information:- T T S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45403KL2020PTC064299

Company & Directors' Information:- V B R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG1997PTC027406

Company & Directors' Information:- M R Y CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400DL2008PTC172953

Company & Directors' Information:- UNITECH CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201CH1995PTC016249

Company & Directors' Information:- V S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201KA1980PTC003939

Company & Directors' Information:- J B CONSTRUCTIONS LTD [Strike Off] CIN = U45201WB1981PLC034263

Company & Directors' Information:- P A INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45208TN2009PTC071929

Company & Directors' Information:- A E K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45309TN2009PTC071702

Company & Directors' Information:- K G N INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74200DL2007PTC167982

Company & Directors' Information:- K V S N RAJU CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200AP2014PTC094796

Company & Directors' Information:- M A M INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70109KA2012PTC062160

Company & Directors' Information:- S D R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201OR2010PTC012083

Company & Directors' Information:- M. G. B. CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400DL2015PTC281859

Company & Directors' Information:- V N CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U45200KA2015PTC083425

Company & Directors' Information:- P N INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45201OR2010PTC012647

Company & Directors' Information:- R S INFRASTRUCTURES INDIA PRIVATE LIMITED [Strike Off] CIN = U45206TN2013PTC091533

Company & Directors' Information:- AMP INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U70102MH2009PTC198212

Company & Directors' Information:- J S K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200MH2005PTC156097

Company & Directors' Information:- R D S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45202PN2001PTC016041

Company & Directors' Information:- S A INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400WB2013PTC192691

Company & Directors' Information:- T R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400DL2007PTC161605

Company & Directors' Information:- J B J CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130303

Company & Directors' Information:- L & W INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200DL2008PTC182372

Company & Directors' Information:- A AND V CONSTRUCTIONS PVT LTD [Strike Off] CIN = U65992TG1987PTC007890

Company & Directors' Information:- M R G CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201MP1994PTC008620

Company & Directors' Information:- P D R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U72100KA1986PTC007383

Company & Directors' Information:- A P CONSTRUCTIONS PVT LTD [Strike Off] CIN = U74210WB1979PTC032397

Company & Directors' Information:- J N D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL1997PTC088802

Company & Directors' Information:- P. R. CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45202MP1982PTC002078

Company & Directors' Information:- M AND M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL1992PTC051503

Company & Directors' Information:- K R R INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U70102TG2008PTC061194

Company & Directors' Information:- J AND T CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG1999PTC031067

Company & Directors' Information:- CONSTRUCTIONS CO OF INDIA PRIVATE LIMITED [Strike Off] CIN = U29248UP1946PTC001471

Company & Directors' Information:- INFRASTRUCTURES PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200JH2007PTC012792

Company & Directors' Information:- K S CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U29248UP1982PTC005640

Company & Directors' Information:- J. P. CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45202CT2007PTC020304

Company & Directors' Information:- S AND A INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45206UR2012PTC000345

Company & Directors' Information:- B. S. CONSTRUCTIONS & INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45208WB2008PTC129601

Company & Directors' Information:- J & K INFRASTRUCTURES LIMITED [Active] CIN = U40101JK2009PLC003034

Company & Directors' Information:- RAVI AND COMPANY LIMITED. [Strike Off] CIN = U74300JK1997PLC001627

Company & Directors' Information:- I M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122889

Company & Directors' Information:- S J M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70101KA1997PTC023146

Company & Directors' Information:- L S CONSTRUCTIONS INDIA PRIVATE LIMITED [Active] CIN = U45202KA2012PTC063895

Company & Directors' Information:- V. J. S. INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74999UP2008PTC035636

Company & Directors' Information:- G D CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201WB1985PTC039687

Company & Directors' Information:- B G CONSTRUCTIONS PVT LTD [Active] CIN = U70109WB1989PTC046859

Company & Directors' Information:- K R M INFRASTRUCTURES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45209TG2011PTC073850

Company & Directors' Information:- J & J CONSTRUCTIONS PVT LTD [Not available for efiling] CIN = U70109WB1991PTC052664

Company & Directors' Information:- M C CONSTRUCTIONS PVT LTD [Strike Off] CIN = U70101WB1985PTC039150

Company & Directors' Information:- N C CONSTRUCTIONS PVT LTD [Strike Off] CIN = U70101WB1987PTC042382

Company & Directors' Information:- M R B CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201CH1995PTC017071

Company & Directors' Information:- B A CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201PB2002PTC024960

Company & Directors' Information:- B AND W CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U17291DL2007PTC170930

Company & Directors' Information:- A S D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC125030

Company & Directors' Information:- P K CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45200AP1987PTC008025

Company & Directors' Information:- M D INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45201CH2001PTC024224

Company & Directors' Information:- G K CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201AS1988PTC003035

Company & Directors' Information:- H H CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MH1980PTC022610

Company & Directors' Information:- S D C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45209AP2011PTC074468

Company & Directors' Information:- C J CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U70101DL1996PTC082457

Company & Directors' Information:- R R CONSTRUCTIONS PVT LTD [Strike Off] CIN = U74210OR1989PTC002234

Company & Directors' Information:- N D F C CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201MH2004PTC144493

Company & Directors' Information:- J H CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MH1998PTC115057

Company & Directors' Information:- S. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70101MH2003PTC139538

Company & Directors' Information:- V K INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC034415

Company & Directors' Information:- L D F CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400UP2009PTC037275

Company & Directors' Information:- UNITECH INFRASTRUCTURES INDIA PRIVATE LIMITED [Strike Off] CIN = U45200TG2009PTC064912

Company & Directors' Information:- K P N R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG2014PTC092096

Company & Directors' Information:- J D CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U45209TG2010PTC071441

Company & Directors' Information:- R . C . S . CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U36911UP1999PTC024964

Company & Directors' Information:- U R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400WB2007PTC120032

Company & Directors' Information:- H M K CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184485

Company & Directors' Information:- O P B K CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1992PTC047760

Company & Directors' Information:- K Y INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45201DL2004PTC127815

Company & Directors' Information:- G A CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109333

Company & Directors' Information:- A J N CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142336

Company & Directors' Information:- J. N. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200BR2011PTC017019

Company & Directors' Information:- J. L. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45500AP2016PTC104385

Company & Directors' Information:- U E CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201KA2002PTC030635

Company & Directors' Information:- A K C INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200KL2010PTC025716

Company & Directors' Information:- U D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201OR1990PTC002649

Company & Directors' Information:- C & A CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TN1989PTC017300

Company & Directors' Information:- R S S CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45202JH1990PTC003927

Company & Directors' Information:- P AND P CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45200TG1992PTC015113

Company & Directors' Information:- I. A. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70100TG1998PTC029569

Company & Directors' Information:- B J CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200MH1972PTC015731

Company & Directors' Information:- D N D INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45203PN2008PTC133243

Company & Directors' Information:- S A K CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC055386

Company & Directors' Information:- L & I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201UR2006PTC032334

Company & Directors' Information:- A.T. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201UP1990PTC011951

Company & Directors' Information:- P B R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC028800

Company & Directors' Information:- G V R INFRASTRUCTURES INDIA PRIVATE LIMITED [Strike Off] CIN = U45209AP2008PTC059504

Company & Directors' Information:- I R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL1996PTC084160

Company & Directors' Information:- M A M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TZ2003PTC010667

Company & Directors' Information:- V. M. R. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202AP1996PTC023724

Company & Directors' Information:- Y P S CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201CH1993PTC013953

Company & Directors' Information:- A. W. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MP2009PTC022110

Company & Directors' Information:- S B R CONSTRUCTIONS PVT LTD [Active] CIN = U70100MH1982PTC027337

Company & Directors' Information:- G T CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U51101UP1980PTC004982

Company & Directors' Information:- I. N. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003931

Company & Directors' Information:- B. R. B. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039632

Company & Directors' Information:- K & K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74120KA2006PTC040900

Company & Directors' Information:- N. M. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC067227

Company & Directors' Information:- B N CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201OR1981PTC001015

Company & Directors' Information:- D F CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201CH1991PTC011820

Company & Directors' Information:- J AND J CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201KL1980PTC003192

Company & Directors' Information:- L AND S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032554

Company & Directors' Information:- A & G INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U31900PB2012PTC036358

Company & Directors' Information:- M T M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TZ2005PTC011626

Company & Directors' Information:- I S K CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202TN2006PTC059103

Company & Directors' Information:- K R V CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400TN2010PTC075836

Company & Directors' Information:- R S I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400TN2010PTC078562

Company & Directors' Information:- Y R INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45201RJ2015PTC047298

Company & Directors' Information:- D & Y CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200PN2009PTC134889

Company & Directors' Information:- K & Y CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200PN2014PTC150194

Company & Directors' Information:- L. K. M. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201MH2006PTC164835

Company & Directors' Information:- U D INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203382

Company & Directors' Information:- K & H CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400MH2011PTC218327

Company & Directors' Information:- J J K CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400MH2013PTC244977

Company & Directors' Information:- J W INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74120MH2015PTC268554

Company & Directors' Information:- HYDERABAD INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U70102MH2013PTC245979

Company & Directors' Information:- M K CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200MH2000PTC127425

Company & Directors' Information:- G AND G INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45200MH2004PTC147316

Company & Directors' Information:- UNITECH CORPORATION PRIVATE LIMITED [Active] CIN = U74999PN2013PTC149478

Company & Directors' Information:- S R R CONSTRUCTIONS PVT LTD [Active] CIN = U45202MH1982PTC027359

Company & Directors' Information:- A. N. Y. INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45206MH2013PTC243735

Company & Directors' Information:- 4 F CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400TG2012PTC081501

Company & Directors' Information:- N N C CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400TG2015PTC099840

Company & Directors' Information:- J S J CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74900TN2016PTC103860

Company & Directors' Information:- Q AND Q CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043373

Company & Directors' Information:- J V S M S INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45200TG2010PTC070371

Company & Directors' Information:- K S V V INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45209TG2010PTC069359

Company & Directors' Information:- V M N R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45209TG2013PTC087032

Company & Directors' Information:- S I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45209CH2014PTC035188

Company & Directors' Information:- A V R INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400DL2009PTC186399

Company & Directors' Information:- R S A CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2009PTC193200

Company & Directors' Information:- B B R L CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2011PTC217588

Company & Directors' Information:- M AND R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2012PTC243738

Company & Directors' Information:- A M T CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC268935

Company & Directors' Information:- A P S INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC248564

Company & Directors' Information:- K. D. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74120DL2009PTC190268

Company & Directors' Information:- R R INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150324

Company & Directors' Information:- G T B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70100DL2009PTC193204

Company & Directors' Information:- G N D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70100DL2009PTC193472

Company & Directors' Information:- R P T CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200AP2007PTC055960

Company & Directors' Information:- M N R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200AP2014PTC094893

Company & Directors' Information:- C B N CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400HR2010PTC040454

Company & Directors' Information:- Y & M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400HR2011PTC044664

Company & Directors' Information:- S D P INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45200HR2013PTC048666

Company & Directors' Information:- M P K CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201KA2001PTC029100

Company & Directors' Information:- B P K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45203KA2009PTC049331

Company & Directors' Information:- H K G N CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74210KA2003PTC032055

Company & Directors' Information:- M Y S CONSTRUCTIONS PVT LTD [Active] CIN = U45201KL1995PTC008623

Company & Directors' Information:- R B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70102AP1989PTC010527

Company & Directors' Information:- EXECUTIVE CONSTRUCTIONS LIMITED [Strike Off] CIN = U45201MP1986PLC003483

Company & Directors' Information:- A P N CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201HP1995PTC017344

Company & Directors' Information:- RAVI INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400DL1996PTC075235

Company & Directors' Information:- M T J CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201KA1991PTC011684

Company & Directors' Information:- V N V CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70101DL1992PTC050037

Company & Directors' Information:- U AND I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U99999MH2000PTC129703

Company & Directors' Information:- UNITED CORPORATION LIMITED [Liquidated] CIN = U99999TN1942PLC003159

Company & Directors' Information:- H B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70100MH1974PTC017866

Company & Directors' Information:- N J VENTURE PRIVATE LIMITED [Strike Off] CIN = U70101MH2008PTC186387

Company & Directors' Information:- T M R INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC054647

Company & Directors' Information:- D B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG2007PTC053917

Company & Directors' Information:- T V L S CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG2008PTC057723

Company & Directors' Information:- N N CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC050240

Company & Directors' Information:- R S CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201CT1983PTC002128

Company & Directors' Information:- A R H CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC155870

Company & Directors' Information:- E M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200DL2008PTC185365

Company & Directors' Information:- K V S CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201RJ1983PTC002720

Company & Directors' Information:- UNITECH LIMITED [Not available for efiling] CIN = U99999DL2000PTC901976

    Civil Revision Petition No. 2755 of 2019

    Decided On, 03 December 2020

    At, High Court of Andhra Pradesh

    By, THE HONOURABLE MR. JUSTICE A.V. SESHA SAI & THE HONOURABLE MR. JUSTICE K. SURESH REDDY

    For the Petitioner: Avinash Desai, Advocate. For the Respondents: R1, Srujan Vegi, Advocate.



Judgment Text

A.V. Sesha Sai, J.1. Defendant No. 1 in C.O.S.No. 17 of 2018 on the file of the Court of learned Special Judge for Trial and Disposal of Commercial Disputes, Visakhapatnam, is the petitioner in the present revision, filed under Article 227 of the Constitution of India. In the present revision petition, challenge is to the order dated 22-08-2019 passed by the Special Court in I.A.No. 101 of 2019. By way of the said order, the learned Judge dismissed I.A.No. 101 of 2019, filed by the petitioner herein to set aside the order dated 07-02-2019, setting defendant No. 1 ex parte.2. Respondent No. 1 herein instituted the said C.O.S.No. 17 of 2018 for recovery of a sum of Rs.6,56,64,661/- with subsequent compound interest @ 10.5% p.a. on Rs.1,39,20,192/- from the date of filing the suit till realization. In the said suit, summons came to be issued by the Court below and, according to the petitioner, defendant Nos. 1 and 2 received the summons on 24-01-2019, wherein the date of posting of the suit was indicated as 07-02-2019. According to the petitioner, they instructed their counsel at Visakhapatnam to offer to file vakalat and learned counsel by mistake, instead of offering vakalat on behalf of defendant Nos. 1 and 3, offered to file vakalat for defendant No. 2 on 07-02-2019 and the Court below passed an order on the said date, setting defendant No. 1 ex parte. Thereafter, the petitioner filed I.A.No. 101 of 2019 on 16-04-2019, praying the Court to set aside the said order so as to enable it to participate in the proceedings. The plaintiff contested the said I.A. by filing counter and the Court below dismissed the said I.A. on the grounds that the written statement was attempted to be filed beyond 120 days and that instead of filing affidavit of the party, affidavit of the Advocate was filed.3. This revision challenges the validity and legal sustainability of the said order passed by the learned Special Judge, dismissing I.A.No. 101 of 2019.4. Heard Sri Avinash Desai, learned counsel for the petitioner, and Sri Srujan Vegi, learned counsel for respondent No.1-plaintiff, apart from perusing the entire material available on record.5. It is contended by learned counsel for the petitioner that the impugned order is highly erroneous and contrary to law besides being opposed to the very spirit and object of the provisions of Order IX Rule 7 of the Code of Civil Procedure (for short, 'C.P.C.'); that in the absence of service of plaint copy along with summons, the limitation for filing written statement ought to have been computed from the date of receipt of plaint and the enclosed documents; that the filing of the affidavit deposed by learned counsel would be sufficient compliance under Rule 54 of Civil Rules of Practice; and that the dismissal of the application on the ground that the supporting affidavit was not deposed by the party is not tenable in the eye of law. To bolster his submissions and contentions, learned counsel for the petitioner places reliance on G.Krimana Murthy Vs. Hemalatha Chit Funds Private Limited and others [2006 (4) ALD 42 (D.B.)]; and New India Assurance Company Limited Vs. Hilli Multipurpose Cold Storage Private Limited [(2020) 5 SCC 757 ].6. On the contrary, totally supporting the order under challenge, learned counsel for respondent No. 1-plaintiff strenuously contends that there is no error nor there exists any infirmity in the impugned order and, in the absence of the same, the questioned order is not amenable for any judicial review under Article 227 of the Constitution of India; that the limitation for filing written statement begins to run from the date of service of summons as per Order V Rule 1 of C.P.C. and not from any date posterior to the said date, as such, the impugned order cannot be faulted; that the dismissal of the application on the ground that the supporting affidavit was not signed by the party also cannot be faulted as the counsel cannot be said to be a person having knowledge of the facts; and that since the petitioner did not file truth statement as per Order VI Rule 15-A read with Appendix to Schedule to the Commercial Courts Act, 2015, the enclosed written statement cannot be taken on record. Learned counsel for respondent No. 1-plaintiff, in support of his submissions and contentions, takes the support of the judgments in Lakshmi Trading Company Vs. Dokkoda Satyavani and others [2006 (4) ALD 296]; SCG Contracts India Private Limited Vs. K.S.Chamankar Infrastructure Private Limited and others [2019 (2) ALT 48]; Uilin Beheer B.V. Vs. Balaji Action Buildwell [2019 SCC OnLine Del 8498]; the order of Delhi High Court in NBCC (India) Limited Vs. Aircon Engineering Services and others [CS (COMM) 232/2017]; and New India Assurance Company Limited Vs. Hilli Multipurpose Cold Storage Private Limited (2nd supra).7. In the above background, now the issues that arise for consideration of this Court are:(1) Whether the period of limitation for filing written statement needs to be computed from 24-01-2019 or from 26-04-2019 and whether the finding of the Court below is in accordance with Order V of C.P.C.?(2) Whether the finding of the Court below with regard to filing of supporting affidavit by the counsel is sustainable and tenable?(3) Whether the contention of learned counsel for respondent No. 1-plaintiff with regard to non-compliance of the requirement as per Order VI Rule 15-A read with Appendix to Schedule to the Commercial Courts Act, 2015, is fatal?8. ISSUE No. 1:In order to adjudicate this issue, it would be highly essential and apposite to refer to the provisions of C.P.C. According to Section 27 of C.P.C., summons need to be issued to the defendants to appear and answer the claim. Order V of C.P.C. deals with the procedure for issuance and service of summons on the defendants. Rules 1 and 2 of Order V of C.P.C., which are germane and relevant for the case on hand, read as under:"Rule 1 When a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of service of summons on that defendant."Provided that no such summons shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiff's claim.Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred and twenty days from the date of service of summons and on expiry of one hundred and twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record."Rule 2 Every summon shall be accompanied by a copy of the plaint."It is very much evident from a reading of the above provisions of law that Rule 1 of Order V of C.P.C. mandates filing of written statement within 30 days from the date of service of summons on the defendant and the said period is extendable by another 90 days by the Court and the total period is up to 120 days from the date of service of summons. Therefore, after institution of suit, the initial duty of the Court is to issue summons to the defendant and the same is not merely a formality but a highly essential and an important step. Such issuance of summons is intended for the purpose of enabling the defendant to answer the claim and to file written statement. It is also significant to note that as per Rule 2 of Order V of C.P.C., every summon shall necessarily be accompanied by plaint and the intention of the same is to enable the defendant to answer the claim in the pliant. A combined reading of Rules 1 and 2 of C.P.C., in unequivocal and clear terms, demonstrates that summons intended to be served on defendant shall necessarily be accompanied by a copy of the plaint. Non-compliance of the same would render the service of summons incomplete and cannot be construed as due service of summons. In the instant case, according to the petitioner-defendant No. 1, the petitioner received the summons on 24-01-2019 but not received the plaint along with the summons on the said date. Therefore, having regard to the above provisions of law, the said date cannot be construed as the date from which limitation needs to be reckoned. According to the endorsement made by learned counsel for the petitioner-defendant No.1 before the Special Court, learned counsel received the plaint copy and the documents from the Court on 26-04-2019 only, as such, the limitation needs to be computed from that date only for filing written statement. The contention contra advanced by learned counsel for the plaintiff is liable to be rejected. In the instant case, the petitioner did file I.A. on 16-04-2019. With certain objections, including one stating that I.A. was not accompanied by written statement, I.A. was returned on 29-04-2019 and according to learned counsel for the petitioner, summer vacation, which started immediately thereafter, came to an end by 03-06-2019 and I.A. was resubmitted on 07-06-2019, enclosing written statement and learned counsel for the petitioner-defendant No. 1 in the Court below made the following endorsement while complying with the objections:"It is humbly submitted that the defendant was served only summons by registered post with acknowledgement due and that only on 26-04-2019 the honourable court was pleased to supply the copy of the plaint and the documents therewith. Therefore written statement could not be filed as there will not be any possibility of the written statement being filed along with the petition for setting aside the ex parte order. Furthermore only on 03-06-2019 when the defendants counsel attended before the honourable court to file written statement along with adoption memo (in both the written statement and adoption memo notice was served) along with the memo offering notice in the I.A., it was known that the I.A. was returned with the objection.Written statement is filed herewith."Since only on 26-04-2019 the petitioner through its counsel received the plaint from the Court, limitation for filing written statement needs to be counted from the said date only but not from a date anterior to the same and the service of summons without being accompanied by plaint cannot be construed as proper service of summons as per Rules 1 and 2 of Order V of C.P.C. The contention that the petitioner had the knowledge of the suit, as such request should have been made for copy of the plaint, cannot be sustained having regard to the mandatory provisions of Rules 1 and 2 of Order V of C.P.C. Therefore, the finding of the Court below that the written statement was filed beyond 120 days cannot be sustained and this issue is answered in favour of the petitioner and against respondent No. 1-plaintiff.9. ISSUE No. 2:In order to answer this issue, it would be appropriate to refer to Rule 54 of Civil Rules of Practice which reads as follows:"54. Contents of:- Except where otherwise provided by these Rules or any law for the time being in force, an Interlocutory Application shall state the provision of law under which it is made and the order prayed for or relief sought in clear and precise terms. The application shall be signed by the applicant or his Advocate, who shall enter the date on which such signature is made. Every application in contravention of this Rule shall be returned for amendment or rejected."It is very much evident from a reading of the above Rule that either the applicant or his counsel can depose to the affidavit and the only requirement is the person deposing to the affidavit should have knowledge of the facts proposed to be deposed or stated. In fact, in the supporting affidavit, learned counsel stated that, by mistake, instead of offering to file vakalat for defendant Nos. 1 and 3, he offered for defendant No. 2 which fact cannot be said to be out of the knowledge of learned counsel deposing to the affidavit. In this context, it is appropriate to refer to the judgment of the Division Bench of the composite High Court of Andhra Pradesh in G.Krimana Murthy (1st supra), wherein the Court, at para Nos. 7, 10, 22 and 23, held as under:"7. It is absolutely clear that there is no postulation anywhere to the effect that the affidavit shall be signed only by the person who made the application, but, on the contrary, Rule 54 of the Civil Rules of Practice envisages that an application can be signed either by the applicant or by the Advocate. When an application is permitted to be signed either by the party himself or by the Advocate by necessary implication, the affidavit, which is filed in support of such an application, can also be signed by the party himself or by the Advocate.10. Therefore, it can be understood that the 'deponent' may be any person, even other than the Advocate, or the party himself. For e.g., an Advocate's clerk can make statements in the affidavit, provided the source, or ground of information or belief is stated in such application.22. It is well settled that the procedural laws are handmaid to justice. Technicalities and formalities should not be allowed to defeat the interests and ends of justice. What is required to be done by a Court is to do substantial justice to the parties, that too, on merits, do hors trivial technicalities and formalities.23. From the above, it is clear that all the interlocutory applications need not necessarily be signed by the party himself or herself and an affidavit can be signed either by the party himself or by an Advocate or anybody, including the clerk of an Advocate, who is conversant with the statement of facts, which are necessary to be furnished for maintaining an interlocutory application."Therefore, the judgment of learned single Judge in Lakshmi Trading Company (3rd supra), cited by learned counsel for respondent No. 1-plaintiff, would not render any assistance to the plaintiff. Therefore, the finding that the supporting affidavit shall be signed only by the party for maintaining the application cannot be sustained in the eye of law. Therefore, this issue is also answered in favour of the petitioner and against respondent No. 1 and this Court is of the considered opinion that the supporting affidavit is in accordance with law.10. ISSUE No. 3:In order to adjudicate this issue, it is necessary to refer to Order VI Rule 15-A of C.P.C., according to which written statement needs to be accompanied by truth statement as per Appendix to Schedule to the Commercial Courts Act, 2015. In fact, the written statement contains verification statement deposed in the following manner:"I, the Authorized signatory of the 1st defendant Company do hereby verify and state that what have been stated above are true and correct to the best of my knowledge, belief and information."It is settled and well established proposition of law that procedural laws are intended and meant obviously for advancement of justice and the same cannot be used for scuttling the valuable and substantial rights of the parties. In the considered view of this Court, the non-filing of truth statement is a curable defect and it cannot be construed as fatal to the defendant. Therefore, the contention contra advanced by learned counsel for respondent No. 1-plaintiff is neither sustainable nor tenable in the eye of law and is accordingly rejected. Consequently, this issue is also answered in favour of the petitioner herein.11. It is also significant to note that on the first date of posting, after service of summons, on 07-02-2019, the petitioner was set ex parte and this Court finds sufficient force in the submission of learned counsel for the petitioner that another opportunity should have been given to the petitioner as the summons sent to defendant No. 4 returned by the time the petitioner was set ex parte.12. In SCG Contracts India Private Limited (4th supra), the Honourable Supreme Court, at para No. 8, held as under:"The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 came into force on 23-10-2015 bringing in their wake certain amendments to the Code of Civil Procedure. In Order V, Rule 1, Sub-rule (1) for the second proviso, the following proviso was substituted:Provided further that where the Defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other days, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred and twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the court shall not allow the written statement to be taken on record.Equally, in Order VIII Rule 1, a new proviso was substituted as follows:Provided that where the Defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred and twenty days from the date of service of summons, the Defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record.This was re-emphasized by re-inserting yet another proviso in Order VIII Rule 10 of Code of Civil Procedure, which reads as under:Procedure when party fails to present written statement called for by Court – Where any party from whom a written statement is required under Rule 1 or Rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on pronouncement of such judgment a decree shall be drawn up.Provided further that no Court shall make an order to extend the time provided under Rule 1 of this Order for filing of the written statement.A perusal of these provisions would show that ordinarily a written statement is to be filed within a period of 30 days. However, grace period of a further 90 days is granted which the Court may employ for reasons to be recorded in writing and payment of such costs as it deems fit to allow such written statement to come on record. What is of great importance is the fact that beyond 120 days from the date of service of summons, the Defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record. This is further buttressed by the proviso in Order VIII Rule 10 also adding that the Court has no further power to extend the time beyond this period of 120 days."In the considered opinion of this Court, the principle laid down in the said judgment would not help respondent No. 1-plaintiff in the instant case, as, in the case on hand, copy of the plaint was not sent along with the summons as mandated under Order V of C.P.C.13. In Unilin Beheer B.V. (5th supra), the High Court of Delhi, at para Nos. 14 and 31, held as under:"14. Rules 3 and 4 of Chapter VII titled 'Appearance by Defendant, Written Statement, Set Off, Counter claim and Replication' of the Rules are as under:3. Affidavit of admission/denial of documents along with written statement –Along with the written statement, defendant shall also file an affidavit of admission/denial of documents filed by the plaintiff, without which the written statement shall not be taken on record. Along with the written statement, the defendant shall be entitled to file applications for interrogatories for examination of the plaintiff together with proposed interrogatories; application for discovery; and application for inspection of such documents.[The affidavit referred to in this Rule shall be in accordance with the provisions of Rule 4 of Order XI of the Code, as applicable under the Commercial Courts Act]4. Extension of time for filing written statement –If the Court is satisfied that the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days, it may extend the time for filing the same by a further period not exceeding 90 days, but not thereafter. For such extension of time, the party in delay shall be burdened with costs as deemed appropriate. The written statement shall not be taken on record unless such costs have been paid/deposited. In case the defendants fail to file the affidavit of admission/denial of documents filed by the plaintiff, the documents filed by the plaintiff shall be deemed to be admitted. In case, no written statement is filed within the extended time also, the Registrar may pass orders for closing the right to file the written statement."31. I thus hold, that in the event of the written statement being filed without affidavit of admission/denial of documents, not only shall the written statement be not taken on record but the documents filed by the plaintiff shall also be deemed to be admitted and on the basis of which admission the Court shall be entitled to proceed under Order VIII Rule 10 of the C.P.C."Having regard to the law laid down in the judgment of Division Bench of the composite High Court in G.Krimana Murthy (1st supra) at para Nos. 22 and 23 that the procedural laws are handmaid to justice and technicalities and formalities should not be allowed to defeat the interests and ends of justice and the Court is required to do substantial justice to the parties, the contention advanced by learned counsel for respondent No. 1-plaintiff, by relying upon the above cited judgment, cannot be upheld by this Court.14. In NBCC (India) Limited (6th supra), the High Court of Delhi, at para Nos. 4 and 8, held as under:"Case of the plaintiff is that defendant No. 3 did not object nor asked for the complete paper book when he appeared before the learned Joint Registrar on 24th August, 2017 till 19th September, 2017 thereby spending substantial period of time. Learned counsel for the plaintiff/respondent states that since a valid service of notice has been affected on the defendant No. 3/appellant on 16th J

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une, 2017 and the same would be deemed to be with complete documents as no objection to the same was made and the plaintiff having asked for the documents on 19th September, 2017 complete paper book having been provided on 27th September, 2017 even excluding period of 21 days, the extended period of 120 days for filing the written statement from 17th June, 2017 was over much before 30th January, 2018 and the written statement was filed more than nearly 100 days over and above 120 days time limit granted.In this case as per the report of bailiff, the defendant No. 3 has been served on 16th June, 2017. The grievance of the defendant No. 3 with regard to complete paper book not being available was with regard to the second service through speed post and there is no material on record to come to the conclusion that the first service was affected with an incomplete paper book of the suit."Having regard to the factual variation in the present case, the said judgment also would not render any assistance to the plaintiff.15. It is also to be noted that the learned counsel for respondent No. 1-plaintiff, by referring to the judgment of the Honourable Apex Court in New India Assurance Company Limited (2nd supra), submits that in the absence of any objection taken on the first date i.e. on 07-02-2019, the petitioner herein cannot be permitted to rely upon Order V Rules 1 and 2 of C.P.C. It is the categorical case of the petitioner herein, as deposed by learned counsel in the supporting affidavit, that though defendant Nos. 1 and 2 instructed learned counsel at Visakhapatnam to offer vakalat on behalf of defendant Nos. 1 and 2, learned counsel offered vakalt on behalf of defendant No. 2 and with the result, defendant No. 1 was set ex parte and posed the matter on 26-04-2019. Therefore, 07-02-2019, on which date the petitioner was set ex parte, cannot be construed as the first date and having regard to the provisions of Order IX Rule 7 of C.P.C. and the above discussion, the valuable right of defendant No. 1 cannot be taken away.16. For the aforesaid reasons, the civil revision petition is allowed, setting aside the order dated 22-08-2019 in I.A.No. 101 of 2019 in C.O.S.No. 17 of 2018 on the file of the Court below, and consequently, I.A.No. 101 of 2019 is also allowed and the Court below shall take the written statement of the petitioner herein on record and proceed with the matter in accordance with law.17. Pending miscellaneous applications, if any, shall stand closed in consequence.
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