Interim Order 11

Order Details: COPY OF ORDER
Pdf Text: CS (Comm) 634/25
M/s Har Lal Gupta & Sons Pvt. Ltd.
vs.
M/s Supra Craft Packaging Pvt. Ltd.
28.11.2025
ORDER
1. By way of this order, I shall decide an application
dated 30.10.2025 for taking on record statement of truth, as
filed on behalf of defendant.
2. Arguments have been advanced by Mr. Gagan
Chawla, Ld. Counsel for defendant and by Mr. M. U.
Rehman, Ld. Counsel for plaintiff. I have also perused the
record.
3. Ld. Counsel for applicant/defendant argued that due
to inadvertent mistake and oversight, the defendant has not
filed statement of truth alongwith the written statement. It is
submitted that the omission of filing the statement of truth
was purely unintentional and due to clerical human error.
Ld. Counsel for defendant further argued that non-filing of
statement of truth is a curable defect. It is thus submitted
that delay in filing the statement of truth, if any, may be
condoned and same may be taken on record in support of
the written statement filed by the defendant. Ld. Counsel
for applicant/defendant has relied upon the judgment titled
as MS Himalayan Flora and Aroma Private Limited vs.
Uttar Pradesh Irrigation Department & Anr., CS (Comm)
589/2021, decided by Hon’ble High Court of Delhi.
4. Per contra, Ld. Counsel for plaintiff argued that
statement of truth is required to be filed alongwith the
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written statement. It is submitted that plaintiff had taken the
objection regarding non-filing of statement of truth in the
replication, but the defendant has filed the present
application at the stage of pronouncement of judgment. It is
thus submitted that present application is liable to be
dismissed. Ld. Counsel for plaintiff has relied upon the
judgment titled as Nitin Kataria vs. Varun Jain, CM (M)
1342/2023 and Unilec Engineers Limited vs. HPL Electric
and Power Limited, 2023 SCC Online Del 5162.
5. Perusal of record shows that the defendant filed its
written statement on 21.07.2025 and delay of about 9 days
in filing the written statement was condoned by Ld.
Predecessor. It is also matter of record that the plaintiff in
his replication has taken an objection that the defendant has
not filed any statement of truth alongwith the written
statement.
6. Hon’ble High Court of Delhi in MS Himalayan
Flora and Aroma Private Limited vs. Uttar Pradesh
Irrigation Department & Anr. (supra) held as under and I
quote:
“21. As regards the question as to whether the defect
can be cured after the period of 120 days for filing the
written statement has expired, to be noted, that the Full
Bench has not laid down that after the period of
limitation prescribed for the filing of suit or written
statement, is expired, the defect of non-filing of
statement of truth or defective statement of truth,
cannot be cured. Once it has been held to be curable
defect, an opportunity ought to be granted to the
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plaintiff or the defendant, as the case may be, to cure
the defect provided the plaint or the written statement is
otherwise completed in all respects and was filed
within the period of limitation. Needless to say, that
defect when cured, will regularise the filing of
pleading, be it a plaint or a written statement, from the
date of its original filing.”
7. Order VI Rule 15A of the Commercial Courts Act,
2015 provides that pleadings are to be supported by duly
attested affidavit by way of verification, failing which, said
pleadings shall not be permitted to be read as evidence of
any fact set out in the petition and as such, statement of
truth is required to be filed alongwith the written statement.
It is also a settled law that non-filing of statement of truth
alongwith the written statement is a curable defect. The
authority titled as Nitin Kataria vs. Varun Jain (supra) as
relied upon by Ld. Counsel for plaintiff is not helpful in the
facts and circumstances of present case as in that case no
application for condonation of delay in filing the written
statement was filed. It is also matter of record that parties
have led their respective evidence and have also advanced
final arguments, therefore, the delay in filing the statement
of truth on account of inadvertent mistake is condoned and
same is ordered to be taken on record. Accordingly, present
application for taking on record the statement of truth
stands disposed off.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)-08
Central District
Tis Hazari Courts, Delhi/28.11.2025
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