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2020 Supreme(Del) 1020
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Bhim Sain Arora - Appellant
Versus
Ram Kali Gupta - Respondent
Civil Miscellaneous (M) No. 419 of 2020; Civil Miscellaneous Application No. 19265 of 2020
Decided On : 22-09-2020
Neha Kapoor, Advocate, Shailendra Dahiya, Advocate, Kusum Dhalla, Advocate
The court has the discretion to grant further time for filing a written statement, considering the circumstances presented by the petitioner.
Headnote:
Written Statement - Recovery Suit - The court granted the petitioner 30 days to file the written statement subject to payment of cost, setting aside the previous order that closed the right of the petitioner to file the written statement.
Fact of the Case:
The petitioner impugns an order that closed the right of the petitioner to file a written statement in a recovery suit. The petitioner contended that he was unable to file the written statement due to the seizure of his laptop, which contained details of transactions, and his incarceration.
Finding of the Court:
The court set aside the previous order and granted the petitioner 30 days to file the written statement, subject to payment of cost.
Issues: The issues revolved around the petitioner's inability to file the written statement due to the seizure of his laptop and his incarceration.
Ratio Decidendi: The court considered the reasons presented by the petitioner for not filing the written statement and balanced the need for expeditious disposal of the suit with the petitioner's circumstances.
Final Decision: The petition was allowed, and the petitioner was granted 30 days to file the written statement, subject to payment of cost.
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. Petitioner impugns order dated 23.12.2019 whereby the right of the petitioner to file written statement has been closed and the application under Order VIII Rule 1 CPC dismissed.
3. Respondent had filed the subject Suit for recovery contending that he had given a friendly loan to the petitioner through banking transactions and since the loan was not repaid subject Suit was filed.
4. Petitioner was served in the Suit on 05.08.2019. On 13.09.2019, petitioner contended before the trial court that he had not received the complete legible paper book. Accordingly, directions were issued to the respondent to provide a complete set of paper book and to petitioner to file the written statement within 30 days.
5. As per the petitioner, petitioner was arrested on 14.10.2019 and the Laptop of the petitioner was seized. Subject application was filed by the petitioner contending that since the Laptop contained all detail of transactions was seized, he was not in a position to file the Written Statement and as per his memory entire amount had been refunded.
6. Learned counsel for the respondent submits that it was a simplicitor loan transaction and in case there was any payment of money, the same would have been reflected in the bank account of the petitioner.
7. Learned counsel appearing for the petitioner submits that another reason for failure to file written statement was that Petitioner was incarcerated and he has now been granted bail by the Court and has been released. He accordingly prays that one opportunity be granted to the petitioner to file written statement subject to terms.
8. Learned counsel for the respondent prays that though there is no ground to enlarge the time, however, keeping in view of the expeditious disposal of the Suit, he has no objection in granting further time to the petitioner to file written statement subject to cost.
9. In view of the above, order dated 23.12.2019 is set aside. Petitioner is granted 30 days'' time to file Written Statement subject to payment of cost of Rs. 20,000/- to be paid to the respondent within 30 days from today.
10. Petition is allowed in the above terms.
11. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
