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TUSHAR RAO GEDELA
Mukesh Sharma – Appellant
Versus
Suravi Bose – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
CM APPL. 19893/2023
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
3. CM(M) 645/2023 & CM APP No. 19892/2023 (Stay)
4. The petitioners challenge the order dated 18.02.2022 passed in CS No. 124/2020 titled Suravi Bose v. Mukesh Sharma, whereby an application filed under Order VIII Rule 1 read with Section 151 of the Civil Procedure Code, 1908 (hereinafter as “CPC”) and read with Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing the written statement, was dismissed.
5. Mr. K.K. Sharma, learned senior counsel appearing for the petitioners submits that the summons of the suit were issued on 06.03.2020 and upon service, the petitioners/defendants had put in their appearance on 19.03.2021. Mr. Sharma submits that on such appearance learned Trial Court had granted time to file the written statement within the stipulated period of time. Learned senior counsel submits that however, the petitioner filed its written statement only on 03.08.2021 without the supporting application seeking condonation of delay in filing the written statement.
6. However, Mr. Sharma, learned senior counsel submits tha
The court emphasized the importance of considering the amnesty period granted by the Supreme Court for filing various pleadings and held that there was no valid reason to refuse to take the written s....
The main legal point established is the balancing of the exemption from the Limitation Act with the party's diligence in taking steps on time.
The central legal point established in the judgment is the court's discretion in granting or refusing permission to file the written statement, emphasizing the need to establish sufficient cause and ....
The Supreme Court's orders extending the period of limitation in the wake of the COVID-19 pandemic applied to the filing of written statements, entitling the defendant to the relaxation available und....
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.
Trial Courts should consider a lenient view for completion of pleadings, especially regarding the filing of written statements beyond the stipulated period, as reiterated by the Supreme Court in prev....
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, 1908, and the Commercial Courts Act 2015, regarding the filing of written statements and the exten....
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