Tarun Kumar Goyal v. MS SB Sales Corporation

1. Allowed, subject to just exceptions. FAO (COMM) 100/2024 and CM APPL. 31223/2024 [Application filed on behalf of the appellant seeking interim relief]

2. Issue notice. 2.[1] Mr Akash Gupta, Advocate accepts notice on behalf of the respondent/plaintiff.

3. With the consent of counsel for the parties, the appeal is taken up for hearing and final disposal, at this stage itself.

4. This appeal is directed against the judgment and order dated 13.05.2024. The appellant/defendant is aggrieved by the fact that the written statement which was otherwise filed in time, albeit via the e-filing portal, was not considered as valid filing by the trial court. 4.[1] In support of this plea, our attention has been drawn to Annexure-6, which is a screen shot of the e-filing portal.

5. We may note that the trial court, apart from observing that no screenshot evidencing the filing of the written statement on 04.05.2024, was placed on record along with the hardcopy, has also alluded to certain defects which had crept in the written statement sought to be placed on record. 5.[1] The defects which were alluded to by the trial court concerned the statement of truth and the affidavit of admission and denial of documents.

6. There is no dispute that the written statement was filed by the appellant/defendant on 04.05.2024, as is evident from a perusal of the document marked Annexure -6. To be noted, Annexure-6 is a screenshot of the e-filing portal. 6.[1] As regards the defects pointed out by the trial court, they were, in our opinion, curable. Therefore, the operative direction issued via the impugned judgment and order to close the right of the appellant/defendant to file a written statement, was uncalled for.

7. Given the foregoing circumstances, we are inclined to set aside the direction contained in the impugned judgment and order to the extent that it closes the right of the appellant/defendant to defend the suit. It is ordered accordingly. 7.[1] The trial court will accord an opportunity to the appellant/defendant to cure the defects in the statement of truth accompanying the written statement and the affidavit filed for the purpose of admission and denial of documents.

8. We are told that the matter is fixed before the Local Commissioner today i.e., 27.05.2024, for recording evidence. 8.[1] The Local Commissioner will stand over the matter beyond the date fixed before the trial court i.e., 09.07.2024. 8.[2] Parties and their respective counsel will appear before the trial court on 09.07.2024.

9. The appeal is disposed of in the aforesaid terms.

10. Pending application shall also stand closed.

RAJIV SHAKDHER, J AMIT BANSAL, J MAY 27, 2024 / tr