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MANMEET PRITAM SINGH ARORA
Shiv Bathla – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
1. This petition filed under Article 227 of Constitution of India impugns the orders dated 31.10.2022 and 20.05.2022 passed by the District Judge (Comm.) Digital-07, South East District, Saket Courts, Delhi (`Trial Court') in CS (Comm.) No. 388/2022, titled as `Punjab National Bank v. Shiv Bathla', whereby the Trial Court vide order dated 31.10.2022 closed the right of the Petitioner i.e., defendant to file the Written Statement and subsequently, vide order dated 20.05.2022, dismissed the Petitioner's application under Order VIII Rule 1 of CPC seeking condonation of delay in filing the written statement.
2. Brief facts leading to the filing of present petition are as under:
2.1. The Respondent i.e., plaintiff had filed the aforesaid commercial suit for recovery of Rs. 13,77,099.24/-along with future and pendente lite interest @ 8.55% per annum on the said sum till realization and other ancillary reliefs.
2.2. The summons was issued by the Trial Court to the Petitioner, which was admittedly received by the Petitioner on 06.08.2022 through Speed Post.
2.3. The Petitioner after receiving the summons, entered appearance through and advoca
The interpretation of procedural rules regarding the filing of written statements and the discretion of the court to permit filing beyond the stipulated period based on sufficient cause.
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
The need to consider and dispose of cases on merits rather than technicalities, as emphasized in SCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. and MN Automobile Private L....
Point of Law : provisions of the Commercial Courts Act, 2015 have to be strictly construed and if the provisions are given liberal interpretation, the object behind the enactment, of speedy disposal,....
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....
A written statement filed beyond the statutory period requires a timely condonation application, and failure to provide sufficient grounds renders it inadmissible.
The necessity of compliance with mandatory provisions under the Commercial Courts Act, 2015 in the context of condonation of delay in filing the written statement.
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