Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court Daily-Wage Employees Treated As Permanent Under 1988 Government Resolution Entitled To Annual Increment Benefits: Supreme Court

Courts Cannot Be Held Hostage to Technicalities: Delhi HC Sets Aside Orders for Non-Recording of Written Statement

07 May 2024 8:19 AM

By: Admin


In a notable judgment delivered by the Delhi High Court, Hon'ble Ms. Justice Shalinder Kaur on March 27, 2024, addressed significant legal points surrounding the procedural intricacies in commercial litigation. The court was tasked with adjudicating the petition filed under Article 227 of the Constitution of India by Raj Kumar Nair, challenging orders of the Learned District Judge (Commercial) which involved non-recording of his written statement and dismissal of his application for condonation of delay in a dispute against UCO Bank.

The pivotal legal question revolved around the application of Order VIII Rule 1 of the CPC in the ambit of the Commercial Courts Act. The court examined whether the Proviso to Order VIII Rule 1 of the CPC, which sets a time limit for filing a written statement, could be relaxed under specific circumstances.

Raj Kumar Nair, the petitioner, found himself entangled in a legal battle with UCO Bank over a commercial suit after his father’s demise left him uninformed about the business transactions. The suit escalated when Nair's written statement was not recorded owing to a delay in filing. His subsequent application for condonation of delay was dismissed by the Commercial Court, leading to the current petition.

Justice Shalinder Kaur critically analyzed the applicability of Order VIII Rule 1 of the CPC and the court's discretion under the Proviso. She observed, “The peculiar facts and circumstances of the case... the petitioner was not prompt in giving the details of the case and the defenses to be prepared on his behalf which had caused the delay of 17 days in filing the written statement.” The judgment recognized the need for flexibility in procedural laws, especially in cases involving unique circumstances.

The High Court set aside the impugned orders dated 11.04.2023 and 17.10.2023, accepting the written statement on record and condoning the 17-day delay. The court imposed a cost of Rs. 20,000 to be paid by the petitioner to the respondent, balancing the principles of law and equity.

Date of Decision: March 27, 2024

Raj Kumar Nair vs UCO Bank

 

Latest Legal News