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DELHI HIGH COURT
ASHA MENON
Superior Aircon Pvt. Ltd. – Appellant
Versus
National Building Construction Corporation – Respondent
| Table of Content |
|---|
| 1. petition filed under article 227 challenging court orders. (Para 1 , 2) |
| 2. argued delay in filing written statement without prior condonation. (Para 3 , 4) |
| 3. respondent's argument refuting applicability of cited judgments. (Para 5 , 6) |
| 4. court notes no error in the dismissal of delay re-agitation. (Para 7 , 8) |
| 5. subsequent decisions do not unsettle prior competent rulings. (Para 9 , 10) |
| 6. petition dismissed, judgment to be uploaded. (Para 11) |
JUDGMENT
Asha Menon, J. The petition has been filed under Article 227 of the Constitution of India against the order dated 22nd May, 2019 and the order dated 16th January, 2021 passed by the learned Commercial Court, South-East District, Saket.
2. The grievance of the petitioner is that the respondent though had been served with the summons in the suit on 16th July, 2019, failed to file the written statement within thirty days of the receipt of the summons, which fact was recorded by the learned Commercial Court in its order dated 12th September, 2018. A written statement was filed on 15th November, 2018, which was the 120th day from the date of receipt of the summons.
3. According to Ms. Amrita Sarkar, learned counsel for
A delayed written statement may be accepted if condoned by the court; however, errors in earlier decisions cannot be challenged without timely objection.
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....
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 written statement filed beyond the statutory period requires a timely condonation application, and failure to provide sufficient grounds renders it inadmissible.
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.
Cases should be considered and disposed of on merits rather than technicalities, and the delay in filing the written statement should not prevent the defendant from entitlement to file it.
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 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....
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