Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 485/24
SBI Capital Markets Ltd Vs. Bharat Sanchar Nigam Ltd.
10.01.2025
Present : Ms. Shweta, Ld. Counsel for the plaintiff.
Sh. D.S. Mahendru, Ld. Counsel for the defendant.
On 08.11.2024, the defendant has filed written
statement, statement of truth, list of documents with documents,
certificate under Section 65 B of Indian Evidence Act, affidavit
of admission and denial of documents and application under
Order VIII Rule 1 read with Section 151 CPC.The same are taken
on record. Copy has already been supplied.
Heard on the application under Order VIII Rule 1
CPC
It is submitted by the ld. Counsel for the defendant
that the defendant is a public department and any set of pleadings
to be filed before the Court requires hierarchical of authorities
persue, verify and then approve the filing of the same and due to
which there is a delay of 18 days in filing the written statement.
The counsel for the defendant submits that the delay is neither
intentional nor deliberate but due to the facts mentioned in the
application and in case delay is not condoned the same would
cause great prejudice to the legal rights of the defendant as the
defendant has good case on merits.
No reply to the same has been filed by the counsel
for the plaintiff. However, Ld. Counsel for the plaintiff submits
that she leaves to the discretion of the Court.
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No doubt the defendant has not filed the written
statement within 30 days. Undoubtedly there is a delay in filing
the written statement however, the same is within the extended
time of 120 days but at the same time, this court is of the
considered view that the defendant has given the plausible
reasons for the delay in filing the written statement.
The court is guided by the principles of natural
justice. The cardinal principle of ‘Audi alteram partum’ which is
an essential rule of principles of natural justice is germane to the
matter. ‘Hear the other side’ or ‘that no one should be condemned
unheard’ is the basic postulate of cannons of justice. Right of
hearing is not just a procedural formality, but an inalienable
substantive right. The same cannot be dispensed with under any
circumstance. Accordingly, the instant application filed on behalf
of the defendant seeking condonation of delay in filing the
written statement is allowed. Written statement is taken on
record. Application stands disposed off accordingly.
Plaintiff has already filed replication along with
affidavit of admission and denial of documents on 21.12.2024.
The same is also taken on record. Copy has already been
supplied.
It is submitted by the parties that pleadings are
complete and from the pleadings of the parties and material on
record, following issues arise and are framed accordingly:
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Issues
1.Whether plaintiff is entitled for the recovery of the suit
amount? OPP
2.Whether plaintiff is entitled for interest and if so, at what
rate and for what period? OPP
3.Whether the suit has been filed by the duly authorized
person? OPP
4.Whether the plaintiff has no cause of action?OPD.
5.Relief.
No other issue is raised or pressed.
Both the parties are directed to file their list of
witnesses within two weeks with advance copy to the opposite
party.
Case Management hearing:
A. for plaintiff's evidence. (Advance copy of the
Affidavits of witnesses be supplied to the
opposite party at least one week prior to the
date fixed).
18.02.2025
and
19.02.2025
B. for Defendants’ evidence. (Advance copy of
the Affidavits of witnesses be supplied to the
opposite party at least one week prior to the
date fixed).
21.03.2025
and
22.03.2025
C. Final arguments
(both the parties are at liberty to file written
sumissions with advance copy to the
opposite party)
17.04.2025
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Put up this matter for PE on 18.02.2025.
Ld. Counsel for the plaintiff submits that as per the
instructions, plaintiff is open for amicable settlement as they have
already done so in the past. Counsel for the defendant submits
that he needs instructions in this regard.
Anurag Sain
District Judge (Commercial Court)-01
Patiala House Court, New Delhi.
10.01.2025
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