J U D G M E N T

1. Before dwelling into the facts of the case, it is vital to mention that the petitioner herein/defendant before the learned District Judge (Commercial Court-04), South-East District, Saket Courts (hereinafter referred as “Trial Court”) is aggrieved by an order of the learned Trial Court whereby petitioner‟s application before the learned Trial Court under Order VI Rule 15A of the Code of Civil Procedure, 1908 (hereinafter referred as “CPC”) for striking of paragraph 24 to 38 of the plaint of the respondent has been dismissed. Consequently, the respondent has been allowed to rely upon paragraph numbers 24 to 38 of the plaint which according to petitioner is in violation of Order VI Rule 15A (4) CPC.

2. The background of the present case unfurl that the respondent filed a commercial suit numbered as CS (COMM) No. 813/2023 titled as “Cargo Private Limited v. Deccan Edibles Private Limited” for recovery of Rs. 1,06,27,996/- (Rupees One Crore Six Lakhs Twenty-Seven Thousand Nine Hundred Ninety-Six) along with 24% interest rate till the date of realization against the petitioner. Summons were issued in the said suit by the learned Trial Court on 13.09.2023.

3. The petitioner herein filed its written statement along with affidavit of admission and denial and two applications, one being of condonation of delay in filing of the written statement and the other under Order VI Rule 15A CPC for striking out the pleadings of the respondent in the plaint for the same were not verified by the Statement of Truth.

4. The said application of the petitioner under Order VI Rule 15A CPC was listed before the learned Trial Court on 12.01.2024 and on the very same day the said application was dismissed. Aggrieved by the said decision of the learned Trial Court, the petitioner has impugned the order dated 12.01.2024 before this court under Article 227 of the Constitution of India, 1950.

Submissions by the Petitioners:

5. Ms. Sakshi Mehley, learned counsel for the petitioner submitted that the learned Trial Court mistakenly ignored the mandatory provisions of Order VI Rule 15A CPC which makes verification of the pleadings in a commercial dispute mandatory. With regard to the plaint filed by the respondent, there is no verification of paragraph no. 24 to 38 therefore, the pleadings in the suit cannot be considered to have been verified in the manner provided under Order VI Rule 15A sub-rule (1) CPC and therefore the respondent cannot be permitted to rely on such pleadings as evidence or any of the matters set out therein and hence, the entire pleadings are liable to be struck out for non-filing of the appropriate Statement of Truth as non-est. 6. Learned counsel for the petitioner submitted that the learned Trial Court burdened the petitioner with cost for delay in filing of the written statement and has considered that the suit was properly instituted on 13.09.2023, when admittedly the same was not the case as the Statement of Truth in support of the plaint has been filed on 12.01.2024 and therefore the same should be considered as the date of institution of the suit. Consequently, the written statement of the petitioner was well within the statutory period of 30 days and it could not have been burdened with costs.

7. Ms. Mehley submitted that the learned Trial Court by allowing the respondent to bring on record a fresh Statement of Truth has rendered the objection taken by the petitioner in its written statement redundant. The fresh Statement of Truth, even if, in the nature of the rectification amounts to amendment of the suit and the same would have necessitated the respondent filing an application under Order VI Rule 17 CPC, yet the learned Trial Court renders the said provision to CPC to be redundant by simply allowing the respondent to file a fresh Statement of Truth and takes the same on record without following the due process of law.

8. Learned counsel for the petitioner further submitted that on one hand the respondent has pleade