Delhi High Court - Orders
Gps Bawa And Ors vs Defence Colony Welfare Association And ... on 12 April, 2021
Author: C. Hari Shankar
Bench: C. Hari Shankar
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 144/2020
GPS BAWA AND ORS. ..... Plaintiffs
Through Mr. Abhijat, Mr. Shaashwat
Jindal and Mr. Arpit Kumar Singh, Advs.
versus
DEFENCE COLONY WELFARE ASSOCIATION
AND ORS. ..... Defendants
Through Mr. Arjun Dewan, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 12.04.2021
(Video-conferencing)
I.A. 8716/2020 (Delay of 51 days in filing W/S) in CS(OS) 144/2020
1. By this application, the defendants seek condonation of 51 days delay in filing written statement in response to the plaint.
2. Opposing the application, a reply has been filed by the plaintiffs. Mr. Abhijat, learned counsel for the plaintiffs, submits that, ordinarily, he would not have opposed such an application, but is constrained to do so in the present case, as the application makes incorrect averments, regarding non-functioning of the defendants' office etc., whereas he has photographic evidence to indicate that the office was fully functional.
3. A perusal of the application indicates that the only real assertion regarding restricted functioning of the defendants' office is contained Signature Not Verified Digitally Signed CS(OS) 144/2020 Page 1 of 3 By:SUNIL SINGH NEGI Signing Date:15.04.2021 19:35:51 in para 4 in which it is averred that, in compliance of the governmental directives regarding restricted work during the Covid pandemic, the defendants "have been mostly working from home and have been stepping out of the house, only for essential unavoidable work". The remainder of the application sets out the time consumed in preparation of the draft, written statement, approval thereof, etc.
4. It is well settled that save and except in rare circumstances, the Court should, in non-commercial suits, be liberal in condoning the delay in filing written statement and replication, especially when the delay is not inordinate or unconscionable in nature.
5. In view thereof, without expressing any opinion on the disputes on facts regarding the averments contained in this application, keeping in view of the fact that delay is only of 51 days, the delay in filing the written statement stands condoned and the application stands allowed accordingly.
6. The application stands disposed of.
I.A. 920/2021 (Order VII Rule 10 CPC)
1. Mr. Abhijat, learned counsel for the plaintiffs, submits that a reply, to this application, stands filed, but it is not on record.
2. He is directed to coordinate with the Registry and have the reply placed on record. He is also to serve a copy of the reply, by email to Mr. Dewan, learned counsel for the defendants, during the course of Signature Not Verified Digitally Signed CS(OS) 144/2020 Page 2 of 3 By:SUNIL SINGH NEGI Signing Date:15.04.2021 19:35:51 the day.
3. Mr. Dewan seeks and is granted two weeks' time to file rejoinder to the said reply.
4. Renotify for hearing and disposal of this application, subject to completion of pleadings on 13th July, 2021. Till then, interim orders to continue.
C. HARI SHANKAR, J APRIL 12, 2021 r.bararia Signature Not Verified Digitally Signed CS(OS) 144/2020 Page 3 of 3 By:SUNIL SINGH NEGI Signing Date:15.04.2021 19:35:51