The judgment clarifies that delay in filing a written statement during COVID-19 cannot bar a defendant’s right to present a defense or cross-examine, ensuring substantive justice prevails over technicalities.

The Court protected the litigant’s right to a fair trial by remanding the matter for fresh consideration, emphasizing that procedural rules must aid—not obstruct—justice.

Key Takeaways:

✅ Procedural law must facilitate justice, not restrict substantial rights.

✅ COVID-19 limitation extensions apply to commercial suits.

✅ Right to cross-examine survives, even if written statement is delayed.

Statutes :

✅ Code of Civil Procedure, 1908 – Order VIII Rule 1, Order V Rule 1

✅ Commercial Courts Act, 2015 – Section 16

✅ Constitution of India - Article 142

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