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MANMEET PRITAM SINGH ARORA
Manoj Kumar – Appellant
Versus
Asif Ali Khan – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 38689/2023 & 38690/2023 (for exemption)
Exemption is allowed, subject to all just exceptions.
Accordingly, the present applications stand disposed of.
CM(M) 1207/2023 & CM APPL. 38688/2023 (for stay)
1. This petition filed Article 227 of the Constitution of India impugns the order dated 10.05.2023 passed by District Judge (Commercial Court-04), South, Saket Courts, New Delhi (`Trial Court') in CS (COMM) No. 482/2022 titled as Asif Ali Khan v. Manoj Kumar whereby the Trial Court has dismissed the Petitioner's application for condonation of delay in filing the written statement and subsequently declined to take the said written statement on record.
1.1. The Petitioner is the original defendant and the Respondent is original plaintiff in the commercial suit.
2. The learned counsel for the Petitioner states that the Petitioner herein was served with the summons only through the mode of WhatsApp on 26.11.2022.
2.1. He states that the Petitioner engaged a counsel, who while preparing the written statement realised that a crucial page of the purported Agreement to Sale dated 25.08.2016 was missing. He states that the claim in the entir
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 delayed written statement may be accepted if condoned by the court; however, errors in earlier decisions cannot be challenged without timely objection.
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
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.
Timeliness in filing written statements is crucial; any delay beyond prescribed limits without an accompanying application for condonation is impermissible.
Point of Law : Delay in filing Written statement - Commercial Court dealing with a commercial suit had no discretion to condone delay and could not allow the written statement to be taken on record b....
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....
Substantial justice prevails over technicalities; delay in filing Written Statement within 120 days can be condoned if justified.
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