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MANMEET PRITAM SINGH ARORA
Bimal Papers Pvt. Ltd. – Appellant
Versus
Jayco Sales – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 63538/2023 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
CM(M) 2021/2023 & CM APPL. 63539/2023
1. This petition under Article 227 of the Constitution of India impugns the order dated 23.11.2023 passed by the Ld. Sh. Sanjay Sharma-II, DJ (Commercial-11) Central, Tis Hazari Courts, New Delhi in CS (Comm) No. 2361 of 2022 titled as `M/S Bimal Papers Pvt. Ltd. Vs. M/S Jayco Sales', whereby, the application under Section 5, Limitation Act, 1963 seeking condonation of delay of one (1) day in filing the written statement, filed by the Respondent herein, was allowed.
1.1. The Petitioner herein is the original Plaintiff and the Respondent herein is the original Defendant in the said Commercial Suit pending adjudication before the Trial Court.
1.2. The said Commercial Suit had been filed seeking recovery of Rs.8,65,040/- against the Respondent.
2. The learned counsel for the Petitioner states that the Trial Court has condoned the delay in filing the written statement by the Respondent; however, the Trial Court has failed to adjudicate upon the following specific objections raise
The necessity of compliance with mandatory provisions under the Commercial Courts Act, 2015 in the context of condonation of delay in filing the written statement.
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.
In commercial suits, a written statement filed beyond 30 days without a condonation application may not be accepted, emphasizing strict adherence to procedural timelines.
Timeliness in filing written statements is crucial; any delay beyond prescribed limits without an accompanying application for condonation is impermissible.
Point of Law : provisions of the Commercial Courts Act, 2015 have to be strictly construed and if the provisions are given liberal interpretation, the object behind the enactment, of speedy disposal,....
A delayed written statement may be accepted if condoned by the court; however, errors in earlier decisions cannot be challenged without timely objection.
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