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BHARAT P. DESHPANDE
Federal Brands Ltd. – Appellant
Versus
Cosmos Premises Pvt. Ltd. – Respondent
JUDGMENT :
Bharat P. Deshpande, J.
1. Heard Mr. Joshi for the Petitioner and Ms. Viegas for the Respondent.
2. Rule. Rule made returnable forthwith.
3. Heard finally with consent of parties.
4. The challenge in the present Petition is to the order passed by the learned Trial Court dated 11.12.2023, thereby rejecting the Application for condonation of delay in filing the written statement.
5. Mr. Joshi appearing for the Petitioner would submit that the Petitioner is the Defendant who received a summons from the Trial Court in a suit filed by the Respondent/Plaintiff on 18.08.2022. The Defendant appeared before the Trial Court and sought an extension of time to file a written statement, which was granted. He submits that thereafter, the Petitioner filed an Application under Order VII Rule 11 of CPC on 05.11.2022. Such Application was heard and decided by the Trial Court on 09.02.2023. Upon rejection of such Application, the Petitioner filed an Application for condonation of delay on 03.03.2023 together with a written statement to be taken on record. An additional affidavit in support of the Application for condonation of delay was filed on 27.06.2023. Vide impugned order dated 11.12.2023,
The court established that the timeline for filing a written statement under the CPC is directory but requires sufficient justification for any delays, which was not demonstrated in this case.
The main legal point established in the judgment is that the time limit for filing a written statement under the Civil Procedure Code should be treated as directory, and the court should balance the ....
Point of Law : Delay in filing Written statement - Commercial Court dealing with a commercial suit had no discretion to condone delay and could not allow the written statement to be taken on record b....
Timeliness in filing written statements is crucial; any delay beyond prescribed limits without an accompanying application for condonation is impermissible.
The court reinforced that adherence to statutory timelines for filing written statements is crucial, and extensions must be justified with proper applications and reasons.
Question of delay could not be re-agitated by means of the application under Order VIII Rule 1 CPC.
Point of Law : Civil Law – Condonation of Delay - Extension of time for filing written statement - Court must be satisfied that the defendant was prevented from a sufficient cause for exceptional and....
The court ruled that the limitation for filing a written statement is strict and can only be extended in exceptional circumstances, which were not present in this case.
Substantial justice prevails over technicalities; delay in filing Written Statement within 120 days can be condoned if justified.
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