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Nyay Samachar · Oct 30, 2025 · 6 min

M/S Anvita Auto Tech Works Pvt. Ltd. vs. M/S Aroush Motors & Anr. 2025 INSC 1202

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 #SupremeCourt #CommercialCourt #AccessToJustice

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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


#SupremeCourt #CommercialCourt #AccessToJustice

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