PIC DEPARTMENTALS PVT. LTD. versus SREELEATHERS PVT. LTD.

PIC DEPARTMENTALS PVT. LTD. versus SREELEATHERS PVT. LTD.

The Division Bench rightly exercised discretion to allow the respondent's written statement to be taken on record because the official records and Registry reports showed the suit as disposed on 01.03.2000 and no pre-2017 orders were traceable, creating confusion for which the respondent was not solely at fault; refusal would have risked miscarriage of justice; costs of Rs.25,000 were ordered to the appellant and payment directed within ten days.

Parties
Appellant: PIC Departmentals Pvt. Ltd.; Respondent: Sreeleathers Pvt. Ltd.
Jurisdiction
India
Judgment Date
30 July 2024
Procedural Posture
Civil Appeal / Judgment (appeal Dismissed)
Outcome
Appeal dismissed.
Legal Topics
Written Statement, Extension of Time for Filing Written Statement, Procedural Statute, Abuse of Process, Miscarriage of Justice, Procedural Technicalities
Civil Procedure Written Statement Extension of Time for Filing Written Statement Procedural Statute Abuse of Process Miscarriage of Justice Procedural Technicalities

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Parties

PIC Departmentals Pvt. Ltd.

Appellant

Sreeleathers Pvt. Ltd.

Respondent

Procedural Posture

Civil Appeal / Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether the Division Bench was justified in allowing extension of time for filing the written statement after a delay of 17 years
  2. 2 Whether the High Court's Registry confusion and the official website status indicating the suit was disposed could justify enlargement of time and taking the written statement on record

Ratio Decidendi

The Division Bench rightly exercised discretion to allow the respondent's written statement to be taken on record because the official records and Registry reports showed the suit as disposed on 01.03.2000 and no pre-2017 orders were traceable, creating confusion for which the respondent was not solely at fault; refusal would have risked miscarriage of justice; costs of Rs.25,000 were ordered to the appellant and payment directed within ten days.

Court Disposition

Appeal dismissed.

Orders

  • Division Bench judgment allowing the respondent's written statement to be taken on record subject to payment of Rs.25,000 to the appellant
  • Costs of Rs.25,000 to be paid to the appellant within ten days