MANMEET PRITAM SINGH ARORA
Bostock New Zealand – Appellant
Versus
Dev Bhumi Cold Chain Pvt. Ltd. – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
1. This order is being passed in continuation of the order dated 25.05.2023.
2. The learned counsel for the Respondent has filed CM APPL. 43686/2023. She states that she has no objection if the written statement of the Petitioner is taken on record in view of the judgment of the Supreme Court in Cognizance for Extension of Limitation Suo Motu Writ Petition no. 3/2020.
3. The learned counsel for the Petitioner states that the affidavit of admission/denial of documents, filed by the plaintiff along with the plaint, shall be filed by the Petitioner within a period of two (2) weeks from today. The said statement is taken on record and the Petitioner is bound down to the same.
4. It is directed that the Respondent shall file their replication within a period of two (2) weeks of the receipt of the affidavit of admission/denial of documents.
5. This Court has been informed that the matter has been listed before the Trial Court on 20.10.2023. The Trial Court is requested to proceed with the matter thereafter in accordance with law.
6. With the aforesaid directions and consent of the parties, the impugned order dated 10.02.2023 is set asid
Compliance with specified time frames for filing necessary documents is crucial in court proceedings.
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 main legal point established in the judgment is that evidence produced by the parties cannot be considered in the absence of pleading, and parties should not be permitted to travel beyond their p....
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....
Delay in filing written statement can be condoned subject to compensatory costs, and disputes should be decided on merits rather than technicalities.
Failure to file the written statement and subsequent attempts to seek permission to file the same without justification may lead to dismissal of the petition and the impugned orders.
Failure to seek permission for filing replication and related documents belatedly and without leave of the Trial Court as mandated by the Code of Civil Procedure led to the court setting aside the or....
The need for the Trial Court to decide the application of the Petitioner on its own merits and the imposition of legal costs as a condition for the liberty granted.
The court has the discretion to allow the advancement of hearing and set aside orders declining to take pleadings on record, subject to specified conditions.
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....
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