Can a Plaintiff file a Written Statement to a Counter-Claim after 120 days in a Commercial Suit?

What the Supreme Court held in a recent judgment A.K. Ghosh & Company v. Biman Bose, decided on July 13, 2026.

Commercial disputes are intended to be resolved swiftly, with strict timelines for filing pleadings. But does the 120-day limit for filing a written statement apply only to defendants, or does it also apply to a plaintiff replying to a counter-claim? The Supreme Court recently answered this important procedural question while interpreting the provisions of the Code of Civil Procedure as amended by the Commercial Courts Act.

The dispute arose from a commercial recovery suit in which the defendants filed their written statement along with a counter-claim. In respect of the said counter-claim, the plaintiffs sought leave to file their written statement with a delay of 238 days. They argued that Order VIII Rule 6A (3) of the Code of Civil Procedure allows a plaintiff to file a written statement to a counter-claim within such time as may be fixed by the Court, and since no specific time had been fixed, their reply could not be rejected. The Calcutta High Court rejected this contention and refused to accept the delayed written statement.

The Supreme Court upheld the High Court’s decision. It emphasized that the Commercial Courts Act seeks to ensure the speedy disposal of commercial disputes and that permitting a plaintiff to file a reply to a counter-claim beyond the prescribed period would defeat this objective. The Court clarified that Order VIII Rule 6G CPC makes the rules relating to a defendant’s written statement applicable equally to a written statement filed in answer to a counter-claim.

Accordingly, a plaintiff in a commercial suit must ordinarily file its written statement to a counter-claim within 30 days from the date of service or receipt of the counter-claim. While the Court may extend this period for sufficient cause, upon recording reasons and imposing appropriate costs, such extension cannot exceed 120 days. Once this outer limit expires, the plaintiff forfeits the right to file its written statement, and the Court cannot take the belated pleading on record.

The Court further held that the absence of a specific time frame fixed by the Court under Order VIII Rule 6A(3) does not give a plaintiff an unrestricted period to respond to a counter-claim. Allowing such an interpretation would permit parties to devise their own timelines and would undermine the legislative intent of ensuring the expeditious completion of pleadings in commercial suits.

The Supreme Court also clarified the appellate position. An order refusing to permit the filing of a belated written statement to a counter-claim is not appealable under Section 13 of the Commercial Courts Act, as such an order does not fall within the orders specifically made appealable under Order XLIII CPC or Section 37 of the Arbitration and Conciliation Act, 1996.

The decision therefore puts the position beyond doubt: in a commercial suit, the 120-day outer limit applies not only to the defendant’s written statement but also to the plaintiff’s written statement in answer to a counter-claim. The judgment reinforces the legislative objective of keeping commercial litigation on a strict procedural timetable and preventing delays in the completion of pleadings.