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MANMEET PRITAM SINGH ARORA
Beena Goswami – Appellant
Versus
State Bank of India – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)--This petition filed under Article 227 of the Constitution of India impugns the order dated 13.07.2023 passed by the District Judge (Commercial Court), North-East District, Karkardooma Court, Delhi (`Trial Court') in C.S. (Comm.) No. 36/2023 titled as "State Bank of India v. Beena Goswami Prop of M/s Avni Infratech" whereby the Trial Court struck off the defence of the Petitioner.
1.1. The Petitioner is the original defendant and the Respondent is the original Plaintiff in the commercial suit. The plaintiff has filed a commercial suit for recovery of money and interest thereon from the defendant.
2. The learned counsel for the Petitioner states that the Petitioner herein entered appearance before the Trial Court upon receiving an e-mail on 19.05.2023 from the e-Court regarding the institution of the commercial suit. He states that no summons or copy of the paper book was served on the Petitioner with this e-mail.
2.1. He states that the Petitioner was diligent and duly engaged a counsel, who entered appearance before the Trial Court on 08.06.2023 and undertook to file a written statement within three (3) weeks. He states that since the
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....
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....
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
Point of Law : Honourable Supreme Court has held that amended provisions of Orders V and VIII of Code are mandatory.
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.
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....
In commercial suits, a written statement filed beyond 30 days without a condonation application may not be accepted, emphasizing strict adherence to procedural timelines.
The court affirmed that the timelines for filing written statements are directory in non-commercial disputes, allowing the defendant an opportunity to submit his statement upon payment of costs.
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