Delhi High Court
Bses Rajdhani Power Ltd vs Dwarka Parshad on 23 February, 2023
Neutral Citation Number 2023/DHC/001477
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23.02.2023
+ CM(M) 293/2023
BSES RAJDHANI POWER LTD ..... Petitioner
versus
DWARKA PARSHAD ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Sharique Hussain and
Mr. Rishab Raj Jain, Advocates
For the Respondent : None
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 8985/2023 (for exemption)
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
Signature Not Verified
Digitally Signed
Signing Date:01.03.2023
15:09:22
Neutral Citation Number 2023/DHC/001477
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:-
"5. Appearance on the first date of listing:-
(a) Where a Civil Miscellaneous (Main) Petition under
Article 227 of the Constitution of India or Civil Revision
Petition under Section 115 of the Code of Civil Procedure,
1908 is filed, any opposite party desiring to oppose any of
the prayers made in such petition or in any interim
application accompanying such petition shall appear
personally or through counsel to make submissions as he /
she may desire before the Court.
(b) In case any opposite party does not appear before the
Court upon advance service of the petition, the Court may
not issue any further notice to such opposite party and may
pass any order(s) as it may deem fit and proper in the facts
and circumstances of the case."
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.
Signature Not Verified
Digitally Signed
Signing Date:01.03.2023
15:09:22
Neutral Citation Number 2023/DHC/001477
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
Signature Not Verified
Digitally Signed
Signing Date:01.03.2023
15:09:22
Neutral Citation Number 2023/DHC/001477
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
Aj
Signature Not Verified
Digitally Signed
Signing Date:01.03.2023
15:09:22
