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TUSHAR RAO GEDELA
Manoj Kumar – Appellant
Versus
Municipal Corporation of Delhi – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APP No. 9944/2023
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) 325/2023 & CM APP No. 9943/2023 (Stay)
4. The petitioner challenges the order dated 17.12.2022 passed in CS (COMM) No. 3903/2021 titled `South DMC vs. Manoj Kumar & Anr.' whereby the written statement filed by the petitioner/defendant was directed to be taken off record.
5. Mr. Jagjit Singh, learned counsel appearing for the petitioner submits that though the memorandum of appearance on behalf of petitioner/defendant was filed on 01.02.2022 however, the plaint alongwith the legible copies were not served upon the petitioner/defendant uptill 17.05.2022. Learned counsel points out to the order dated 17.05.2022 to submit that even by the order dated 17.05.2022, the learned Trial Court had directed the respondent/plaintiff to supply legible copy of the documents which were annexed to the plaint so as to enable the petitioner/defendant to file its written statement.
6. Mr. Singh, learne
Extension of limitation period and effective service date for filing written statement under the Commercial Courts Act, 2015.
The importance of serving the copy of the plaint along with the summons and the need for cogent reasons to extend the time for filing the written statement in commercial suits.
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 time for filing the written statement commences from the date when the suit along with the documents is provided to the defendant, and the delay in filing the written statement may be condoned su....
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 main legal point established in the judgment is the requirement for the defendant to file the written statement within the prescribed period, the consequences of failing to do so, and the applica....
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 central legal point established is the necessity for courts to consider the impact of extraordinary circumstances, such as the COVID-19 pandemic, and relevant procedural provisions before dismiss....
Cases should be considered and disposed of on merits rather than technicalities, and the delay in filing the written statement should not prevent the defendant from entitlement to file it.
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