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HIGH COURT OF DELHI
JUDGMENT
BSES RAJDHANI POWER LTD ..... Petitioner
For the Petitioner : Mr. Sharique Hussain and
Mr. Rishab Raj Jain, Advocates For the Respondent : None
[ The proceeding has been conducted through Hybrid mode ]
1. This is an application seeking exemption from filing certified copies of the annexures.
2. Exemption is allowed, subject to all just exceptions.
3. Application stands disposed of. CM(M) 293/2023 & CM APPL. 8984/2023 (Stay)
4. The petitioner challenges the orders dated 23.11.2022 as well as 04.01.2023 passed in ‘Dwarka Parshad vs. BSES Rajdhani Power Ltd’ passed by the learned Trial Court whereby the right to file the written statement was closed and the defence was ordered to be struck off. Simultaneously, the petitioner was burdened with the costs of Rs.25,000/- to be paid to the respondent/plaintiff.
5. There is no appearance on behalf of the respondent.
6. This Court proceeds to dispose of the instant application in accordance with Delhi High Court Circular No. 69/Rules/DHC dated 05.12.2019, which reads as under:-
7. Mr. Sharique Hussain, learned counsel for the petitioner submits that the summons were served upon the petitioner/defendant on 05.09.2022. However, due to the lack of complete set of plaint and annexures thereto, the written statement was not filed. Learned counsel submits that the copy of the plaint as filed before the learned Trial Court, was also containing video CD in respect of some events which had occurred, was not supplied to the petitioner/defendant, which disabled the petitioner from filing written statement on time.
8. Learned counsel further submits that since such vital CD and clear photographs have not supplied, the petitioner was unable to meet the allegations as raised in the suit effectively. This aspect was conveyed by the learned counsel to the learned Predecessor Court on 28.10.2022. However, at that time, the learned Trial Court recused from hearing the matter, and thus, the said submissions were not recorded.
9. Learned counsel submits that the learned Trial Court vide impugned order did not consider the said aspect as a genuine reason for not having filed the written statement.
10. Learned counsel submits that this is not a Commercial Suit where the rigors of timelines are strictly to be adhered to.
11. There is no doubt that the petitioners/defendants did not file the written statement within the stipulated time as obtaining from the facts of the record.
12. The judgments of the Supreme Court in ‘Kailash vs. Nanhku and Ors’, reported as (2005) 4 SCC 480, ‘Salem Advocate Bar Association, T.N vs. Union of India’, reported as (2005) 6 SCC 344 and ‘Bharat Kalra vs. Raj Kishan Chabra’ reported as 2022 SCC Online SC 613, and the learned Division Bench of this Court in FA(OS) 149/2022 titled Jamaluddin vs. Nawabuddin & Ors.” Neutral Citation Number - 2023/DHC/001211, rendered on 15.02.2023 have taken into consideration the provisions of the Code of Civil Procedure and held that procedure is a handmaid to justice and permitted the parties to file the written statement on compensatory costs.
13. Being bound by the aforesaid judgments of the Hon’ble Supreme Court as well as of the learned Division Bench of this Court, this Court deems it fit that the lapse of the petitioner/defendant in filing its written statement on time can be condoned, however, subject to compensatory costs as laid down by this Court in Jamaluddin (supra).
14. Apart from the costs of Rs.25,000/- as imposed by the learned Trial Court, this Court deems it fit, in the facts and circumstances of the case, to burden the petitioner/defendant with additional costs of Rs.25,000/- to be paid to respondent/plaintiff within four weeks from today.
15. Learned Trial Court is directed to take on record the written statement as and when filed, subject of course, to the aforesaid payment of costs and the costs which was imposed vide the impugned order.
16. The learned Trial Court shall direct the respondent/plaintiff to supply a complete set of plaint alongwith annexures as well as the coloured photographs and the compact disc containing the event which are filed before the learned Trial Court.
17. This exercise may be carried out within a week from today, whereafter the petitioner shall file its written statement within four weeks. Petitioner to place a copy of this order the learned Trial Court within 3 working days from today.
18. With the aforesaid directions, the petition stands disposed of.
19. Pending applications also stand disposed of.
20. Registry is also directed to transmit a copy of this order to the concerned Court forthwith for necessary action.
TUSHAR RAO GEDELA, J. FEBRUARY 23, 2023