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2023 Supreme(Del) 1143

C. HARI SHANKAR
Khadi And Village Industries Commission – Appellant
Versus
Roopika Rastogi – Respondent


Advocates appeared:
Shwetasree Majumder, Ms. Devyani Nath and Ms. Archita Nigam, Advocates, for the Plaintiff. Mr. Ritesh Kumar Chowdhary and Mr. NiyasValiyathodi, Advocates, for the Defendants 1 and 2.

JUDGMENT (Oral)

1. In somewhat convoluted circumstances, the precise issue that arises for consideration at this Court today is the ambit of the expression "where the summons is for appearance and for filing written statement", as employed in Rule 2(i)1[2. Procedure when defendant appears.-If the defendant appears personally or through an Advocate before or on the day fixed for his appearance in the writ of summons:
(i) where the summons is for appearance and for filing written statement, the written statement shall not be taken on record, unless filed within 30 days of the date of such service or within the time provided by these Rules, the Code or the Commercial Courts Act, as applicable. An advance copy of the written statement, together with legible copies of all documents in possession and power of defendant, shall be served on plaintiff, and the written statement together with said documents shall not be accepted by the Registry, unless it contains an endorsement of service signed by such party or his Advocate. The written statement shall also contain a statement certifying authenticity of document(s) filed. Where copy(ies) of document(s) are filed, it shall be specified in t




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