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MANMEET PRITAM SINGH ARORA
Unilec Engineers Ltd. – Appellant
Versus
Hpl Electric And Power Ltd. – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
1. This petition filed under Article 227 of Constitution of India impugns the order dated 19.04.2023 passed by the DJ (Commercial)-01, Central District, Tis Hazari Courts, Delhi (`Trial Court') in CS (Comm.) No. 3014/2019, whereby the Trial Court dismissed the application filed on 16.01.2023 by the Petitioner for curing the defects in the written statement filed on 26.10.2021 and struck off the written statement filed by the Petitioner.
1.1. The Trial Court struck off the written statement on the ground that (i) the same was not signed on each page, (ii) it was not accompanied with the statement of truth, and (iii) and the defendant had not filed an affidavit of admission/denial of documents.
1.2. The Trial Court held that the application for curing the defects was filed after the maximum period of 120 days to file the written statement as described under Order V Rule 1 Code of Civil Procedure, 1908 (`CPC'), as amended by the Commercial Courts Act, 2015 (`Act of 2015').
2. The Petitioner is the defendant no.1 and the Respondent is the plaintiff in the commercial suit filed for recovery of an amount of Rs. 28,18,062/- along with inte
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 defendants violated the rules of pleadings by amending the written statement beyond the scope of law defined in Order VI Rule 16 of CPC. The Court allowed the amended written statement to be take....
The main legal point established in the judgment is that the discretion to allow amendments should be exercised judiciously, and no application for amendment should be allowed after the trial has com....
The filing of the written statement and bringing it on record are separate matters. Filing the written statement without the affidavit of admission/denial of documents is a defect that can be cured w....
The curable nature of procedural defects and the directory nature of procedural provisions under the CPC and the Commercial Courts Act, 2015.
The main legal point established in the judgment is the distinction between filing a written statement and bringing it on record, and the consequences of not filing an affidavit of admission/denial o....
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 mandatory nature of the amended provision of Order VIII Rule 1 of the Code of Civil Procedure, 1908, and the consequences of non-filing of the written statement, as well as the requirement for th....
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