Unknown vs State Bank Of India And Others
2024 Latest Caselaw 766 UK

Uttarakhand High Court

Unknown vs State Bank Of India And Others on 24 April, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
           HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                             AND
             HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                             24TH APRIL, 2024

        APPEAL FROM ORDER No. 133 OF 2024

Smt. Parwati Gusaen.
                                                              ...Appellant

                                 Versus

State Bank of India and others.
                                                         ...Respondents

Counsel for the appellant.         :   Mr. Kurban Ali, learned counsel.

Counsel for respondent no. 1.      :   Mr. Dharmendra     Barthwal, learned
                                       counsel.

JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

Notice of motion.

2. Mr. Dharmendra Barthwal, learned counsel

appears and accepts notice on behalf of respondent no.

1/ State Bank of India.

3. A perusal of the order at Page No. 66 of the

paper-book shows that the Civil Court had directed

both the parties to appear before the Commercial Court

on 31.07.2023. On 31.07.2023, the Commercial Court,

Dehradun gave directions to the learned counsel for the

Bank to inform the present appellant, and on the next

date, i.e. 03.10.2023, the present appellant put in appearance. The appellant filed the Written Statement

on 01.11.2023, and that was filed within 30 days of

appearance.

4. By the impugned order dated 22.02.2024,

the Written Statement filed by the appellant was not

accepted, on the ground that it was filed beyond the

period of limitation.

5. Since the appellant, as per the order at Page

No. 66 of the paper-book, had put in appearance before

the Commercial Court on 03.10.2023 itself, which was

the first date after the counsel for the appellant was to

be informed by the counsel for the bank, there is no

delay on the part of the appellant in filing the Written

Statement, which was filed immediately on the next

date, i.e. 01.11.2023. On 01.11.2023, when the

appellant filed the Written Statement before the

Commercial Court, it was not accepted by the

Commercial Court.

6. Accordingly, the impugned order dated

22.02.2024 is set aside. A direction is being given to

the Commercial Court, Dehradun to proceed with the

suit in accordance with law, after accepting the Written

Statement of the appellant.

7. The present Appeal is allowed in the

aforesaid terms.

8. Pending application(s), if any, also stand

disposed of accordingly.

______________ RITU BAHRI, C.J.

__________________ RAKESH THAPLIYAL, J.

Dt: 24th April, 2024 Rahul