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ARAVIND KUMAR, N. V. ANJARIA
S Anvita Auto Tech Works Pvt. Ltd – Appellant
Versus
Aroush Motors – Respondent
| Table of Content |
|---|
| 1. liberal approach to procedural justice. (Para 3) |
| 2. overview of factual disputes between parties. (Para 4 , 6 , 7) |
| 3. timelines of the litigation process and actions taken. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. appellant's arguments on written statements and procedural rights. (Para 15 , 16 , 17 , 18) |
| 5. respondent's counterarguments on the appellant's conduct. (Para 20 , 21 , 22) |
| 6. legal standards for timely filing of statements. (Para 26 , 27 , 28 , 29) |
| 7. cross-examination rights despite delays in filing. (Para 30 , 31) |
| 8. decision to allow appellant's filing of a written statement. (Para 32) |
JUDGMENT
ARAVIND KUMAR, J.
1. Heard. Leave Granted.
2. The present controversy can be encapsulated in words of the Hon’ble Justice V.R. Krishna Iyer:
3. The object of the procedural rules is to advance the cause of justice and not to thwart it and when the rigid adherence to technicalities of procedure causes injustice, courts have to come to the rescue by adopting a liberal approach. The courts cannot countenance a situation where substanti
(1) Administration of Justice – Object of procedural rules is to advance cause of justice and not to thwart it.(2) Written Statement – On account of non-filing of written statement by defendant, his ....
The mandatory period for filing written statements in commercial suits is strictly enforceable, and failure to comply results in forfeiture of rights, including cross-examination.
The court affirmed that defendants lose the right to file a written statement if not submitted within the prescribed 120 days, highlighting the necessity of adhering to procedural timelines in commer....
The main legal point established is that the doctrine of relation back can be applied to deem a written statement as filed within the limitation period, considering the circumstances preventing its t....
(1) Written statement in a commercial suit – Limitation period – Power, authority and jurisdiction of Court to extend time to file written statement mandatorily ceases after said mandated 120 days.(2....
The right to file a written statement in a commercial suit is extinguished after 120 days as mandated by law, emphasizing strict adherence to procedural timelines.
Defendants must file a formal application to extend time for the written statement beyond thirty days, as failure to do so results in forfeiture of the right to file.
The main legal point established in the judgment is the requirement for the defendant to file the written statement within the prescribed period, the consequences of failing to do so, and the applica....
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