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TUSHAR RAO GEDELA
Raghav Sachdeva – Appellant
Versus
Gaurav Chawla – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
With the consent of both the parties, the petition is taken up for disposal.
CM APPL. 6058/2023 (for exemption)
1. This is an application seeking exemption from filing certified copies of the documents.
2. Exemption is allowed, subject to all just exceptions.
3. The application stands disposed of.
CM(M) 195/2023 & CM APP No. 6057/2023
4. The petitioner challenges the order dated 25.11.2022 passed by the learned Trial Court in CS DJ No. 109/2022 titled 'Gaurav Chawla vs. Raghav Sachdeva' whereby the written statement which was already filed by the petitioner/defendant was directed not to be taken on record and simultaneously the defence of the petitioner/defendant was struck off.
5. Mr. P.D. Gupta, learned senior counsel appearing for the petitioner submits that there are catena of judgments of this Court as well as the Hon'ble Supreme Court permitting written statements to be filed on behalf of defendants even beyond the stipulated period of 120 days.
6. Learned senior counsel also submits that the learned Trial Court passed the impugned order purely on the basis that no application seeki
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 procedure is a handmaid to justice, and the court may permit the parties to file the written statement on compensatory costs, as held in relevant judgments and based on the provisions of the Code....
The delay in filing written statements should not include the time spent in pursuing legal remedies, and the court may allow written statements to be taken on record subject to the payment of reasona....
The main legal point established in the judgment is the interpretation and application of the time period for filing pleadings as per the Commercial Courts Act, 2015, and the relevance of the judgmen....
Extension of limitation period and effective service date for filing written statement under the Commercial Courts Act, 2015.
The non-filing of the written statement within the stipulated time could not be a ground for striking off the defence, considering the judgments exempting the limitation for filing pleadings.
The court upheld strict adherence to procedural timelines for filing written statements, requiring exceptional circumstances for any delay beyond stipulated periods.
The main legal point established in the judgment is that the time schedule in Order VIII Rule 1 of the CPC is to be followed as a rule, and departure therefrom would be by way of exception, permittin....
In ordinary civil suits, the merits of the case should be considered and technicalities should not come in the way of the parties. Delay in filing written statements can be compensated with costs.
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