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TUSHAR RAO GEDELA
Bses Rajdhani Power Ltd. – Appellant
Versus
Dwarka Parshad – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 8985/2023 (for exemption)
1. This is an application seeking exemption from filing certified copies of the annexures.
2. Exemption is allowed, subject to all just exceptions.
3. Application stands disposed of.
CM(M) 293/2023 & CM APPL. 8984/2023 (Stay)
4. The petitioner challenges the orders dated 23.11.2022 as well as 04.01.2023 passed in 'Dwarka Parshad vs. BSES Rajdhani Power Ltd' passed by the learned Trial Court whereby the right to file the written statement was closed and the defence was ordered to be struck off. Simultaneously, the petitioner was burdened with the costs of Rs.25,000/- to be paid to the respondent/plaintiff.
5. There is no appearance on behalf of the respondent.
6. This Court proceeds to dispose of the instant application in accordance with Delhi High Court Circular No. 69/Rules/DHC dated 05.12.2019, which reads as under:
"5. Appearance on the first date of listing:
(a) Where a Civil Miscellaneous (Main) Petition under Article 227 of the Constitution of India or Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 is filed, any opp
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....
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 main legal point established is that the right to file a written statement in a civil suit may extend beyond the prescribed period, as supported by the Code of Civil Procedure, 1908 and relevant ....
The court ruled that a party's right to file a written statement should not be denied due to delay, provided costs are imposed, emphasizing the importance of a fair trial.
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.
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.
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....
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