Union Of India vs Indian Agro Marketing Co-Operative Ltd on 29 November, 2021
Ld. Counsel for petitioner
had also filed an application dated 16/01/2021 to take Statement
of Truth on record for which he relied upon the cases of (1)
Schneider Electric India Pvt. Ltd. vs Rentworks India Pvt.
Ltd.& Ors., CS (OS) 598/2018 decided on 17/10/2019 by Delhi
High Court and (2) Sharma Kalypso Pvt. Ltd. vs Engineers
India Limited, O.M.P. (Comm.) 363/2019 decided on
17/06/2020 by Delhi High Court and argued that present case
was filed on 11/02/2019 as per old procedure/format without
Statement of Truth and after coming to know the application
OMP (Comm.) No. 31/2019 Union of India vs Indian Agro Marketing Co-operative Ltd. & Anr. Page 6 of 24
dated 16/01/2021 to take on record Statement of Truth was filed
and it is not the case of non est filing, no prejudice will be caused
to respondent, in the interest of justice parties have to be heard on
merits, defect does not go to the root of the case, defects in filing
are curable, verification of pleadings is procedural aspect.