Delhi High Court sets time limit for oral arguments in commercial suit Page 1 of 6

Advertise Login Get a Premium Account Legal Jobs

Home News Interviews Columns Dealstreet Apprentice Lawyer

Viewpoint India Law Connect

Delhi High Court sets time limits for oral arguments

during Case Management hearing in commercial suit
Shruti Mahajan January 19 2019

67

https://barandbench.com/delhi-high-court-time-limit-for-oral-arguments-in-case/ 1/22/2019
Delhi High Court sets time limit for oral arguments in commercial suit Page 2 of 6

The Delhi High Court recently passed an order effectively limiting the time for making oral arguments
by the parties to a case under the Commercial Courts Act.

In the case of Roland Corporation v. Sandeep Jain, the plaintiff sought a limit on the time for making oral
arguments during the Case Management Hearing. The suit is already listed for final arguments on April
10, 2019, and the counsel for the defendant were appearing on advance notice.

On Justice Rajiv Sahai Endlaw’s enquiry, the counsel for the plaintiff told the Court that they would
need 45 minutes for making opening arguments and 30 minutes for rejoinder submissions.

The Court observed that Order XV-A, Rule 5 of the Civil Procedure Code allows the Court to hold a Case
Management hearing at any point during the trial. Rule 2 empowers the Court to limit the time for oral
arguments made by the lawyers of both parties.

However, the Court enquired if the phrase “during the trial” would include the stage where the
recording of evidence has concluded and only final arguments remain to be heard.

It was submitted that the scope of the phrase can be decided after considering the object of the said
provision. The Order notes,

“It was reasoned, that the word ‘trial’ is of wide import and in its widest sense would include the
proceedings right from institution of suit to the final determination by a judgment or decree.”

The Court took note of Rule 3 of Order XV-A, which provides for time-bound completion of a trial and
for the trial to be concluded within six months from the date of institution of the suit.

The Court, therefore, concluded that the present stage of the case would be included in the
interpretation of the phrase “during the trial” for the purpose of setting up of time limits for making
oral arguments.

“Rule 3 of Order XV-A titled “Time limit for completion of trial” provides that in fixing dates and setting
time limits for the purpose of Rule 2, the Court shall ensure that arguments are closed not later than six
months from the date of the first Case Management Hearing. The same indicates that, at least for the
purpose of Order XV-A of the CPC, trial would include this stage as well.”

Justice Endlaw thus disposed of the application, holding that the counsel for the plaintiff will be bound
to the aforementioned time limits. The order also states that the Court may, if it finds the need to, set a
similar time limit for defendant’s lawyers as well.

The plaintiff company was represented by a team from Anand and Anand headed by Managing Partner
Pravin Anand, along with Pundreek Dwivedi and Vibhav Mittal.

https://barandbench.com/delhi-high-court-time-limit-for-oral-arguments-in-case/ 1/22/2019
Delhi High Court sets time limit for oral arguments in commercial suit Page 3 of 6

The defendant was represented by Advocates Vihan Dang and Kavya Mammen.

Read the Order:

https://barandbench.com/delhi-high-court-time-limit-for-oral-arguments-in-case/ 1/22/2019
Delhi High Court sets time limit for oral arguments in commercial suit Page 4 of 6

0 Comments Sort by Oldest

Add a comment... 


Facebook Comments Plugin

https://barandbench.com/delhi-high-court-time-limit-for-oral-arguments-in-case/ 1/22/2019
Delhi High Court sets time limit for oral arguments in commercial suit Page 5 of 6

Related Articles

Delhi HC issues notice in petition Delhi HC issues notice in Five judges, four DBs assigned to
challenging transfer of Execution challenge to mandatory pre-suit Commercial Division of Delhi High
Petitions worth less than 2 crore mediation under Commercial Court
Courts Ordinance, 2018

Delhi HC gets Commercial Courts, The Time is Now: Implementing The Commercial Courts Act 2015:
amended pecuniary jurisdiction the Law Commission’s 253rd The road ahead in the Bombay
Report High Court

To read the entire article, get a premium account

With a premium account you get: Already a subscriber ?

• One year of unrestrcited access to

previous interviews, columns and Login
articles

https://barandbench.com/delhi-high-court-time-limit-for-oral-arguments-in-case/ 1/22/2019
Delhi High Court sets time limit for oral arguments in commercial suit Page 6 of 6

• One year access to all archival material

• Access to all Bar & Bench reports

Register

About us Advertise on Bar & Bench Careers Contact Us Privacy Policy Terms of Use

Crafted by Pixelmattic

https://barandbench.com/delhi-high-court-time-limit-for-oral-arguments-in-case/ 1/22/2019