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MANMEET PRITAM SINGH ARORA
Pramod Kumar Singh – Appellant
Versus
Subodh Kumar Khandelwal – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
1. This order is being passed in continuation of the order dated 05.07.2023 passed in this petition.
2. Learned counsel, Mr. Parvinder Chauhan, enters appearance on behalf of the Respondent.
3. Learned counsel for the Petitioner states that he has placed on record fresh affidavit of admission/denial of the documents filed with the plaint, on 12.07.2023 in these proceedings and has served an advance copy of the same to the counsel for the Respondent. He states that he is also carrying with him a demand draft for an amount of Rs. 13,000/-. He states that the said costs be accepted and the delay caused by the Petitioner in filing his affidavit of admission and denial of documents, in the prescribed format be condoned.
4. In reply, learned counsel for the Respondent states that he has perused the fresh affidavit of admission and denial of documents filed by the Respondent and is satisfied that the same is as per the prescribed format.
4.1. He further states that he disputes the contention of the Petitioner, as recorded at para 2.3 of the order dated 05.07.2023. In this regard, he relies upon the provision of the Order 11 Rule 4(2) of CP
Negligence in filing affidavit of admission/denial of documents can lead to adverse consequences, but corrective steps and compensation for delay may be considered by the court.
The judgment establishes the strict and mandatory nature of timelines prescribed by the CPC and the Commercial Courts Act, with no room for condonation of delay in certain circumstances.
Compliance with specified time frames for filing necessary documents is crucial in court proceedings.
Delay in filing written statement can be condoned subject to compensatory costs, and disputes should be decided on merits rather than technicalities.
The main legal point established in the judgment is the curable nature of defects in the written statement and the importance of adjudicating upon the defendant's defence while ensuring time-bound di....
The court emphasized the importance of allowing additional documents at a belated stage if the delay is explained and does not cause prejudice to the opposing party.
The court emphasizes the need to resolve disputes on merits rather than on technicalities and allows the delay in filing the written statement, subject to compensatory costs.
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....
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