Delhi High Court
Sh Bhim Sain Arora vs Smt Ram Kali Gupta on 22 September, 2020
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 22nd September, 2020
+ CM(M) 419/2020& CM APPLN. 19265/2020
SH. BHIM SAIN ARORA ..... Petitioner
versus
SMT RAM KALI GUPTA ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Ms. Neha Kapoor, Advocate
For the Respondent : Mr. Shailendra Dahiya, Advocate
Ms. Kusum Dhalla, Addl. PP for the State
CORAM:-
HON'BLE MR JUSTICESANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Petitioner impugns order dated 23.12.2019 whereby the right of
the petitioner to file written statement has been closed and the
application under Order VIII Rule 1 CPC dismissed.
3. Respondent had filed the subject Suit for recovery contending
that he had given a friendly loan to the petitioner through banking
transactions and since the loan was not repaid subject Suit was filed.
4. Petitioner was served in the Suit on 05.08.2019. On 13.09.2019,
Signature Not Verified
MAGGU
Signing Date:23.09.2020 17:46:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
petitioner contended before the trial court that he had not received the
complete legible paper book. Accordingly, directions were issued to
the respondent to provide a complete set of paper book and to
petitioner to file the written statement within 30 days.
5. As per the petitioner, petitioner was arrested on 14.10.2019 and
the Laptop of the petitioner was seized. Subject application was filed
by the petitioner contending that since the Laptop contained all detail
of transactions was seized, he was not in a position to file the Written
Statement and as per his memory entire amount had been refunded.
6. Learned counsel for the respondent submits that it was a
simplicitor loan transaction and in case there was any payment of
money, the same would have been reflected in the bank account of the
petitioner.
7. Learned counsel appearing for the petitioner submits that
another reason for failure to file written statement was that Petitioner
was incarcerated and he has now been granted bail by the Court and
has been released. He accordingly prays that one opportunity be
granted to the petitioner to file written statement subject to terms.
8. Learned counsel for the respondent prays that though there is
no ground to enlarge the time, however, keeping in view of the
expeditious disposal of the Suit, he has no objection in granting
further time to the petitioner to file written statement subject to cost.
Signature Not Verified
MAGGU
Signing Date:23.09.2020 17:46:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
9. In view of the above, order dated 23.12.2019 is set aside.
Petitioner is granted 30 days' time to file Written Statement subject to
payment of cost of Rs. 20,000/- to be paid to the respondent within 30
days from today.
10. Petition is allowed in the above terms.
11. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J
SEPTEMBER 22, 2020
'rs'
Signature Not Verified
MAGGU
Signing Date:23.09.2020 17:46:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
