UNILEC ENGINEERS LTD. Vs. HPL ELECTRIC POWER LTD.

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India is filed impugning the order dtd. 31/1/2024 passed by Learned District Judge (Commercial)-08 (Central), Tis Hazari Court, Delhi, in Civil Suit No. 3014 of 2019 titled HPL Electric and Power Ltd. vs M/s. Unilec Engineers Ltd.

(2.) Briefly stated, the facts which led to the filing of the present petition are that the Respondent, as Plaintiff, instituted Civil Suit No. 3014/2019 titled M/s HPL Electric and Power Ltd. vs. M/s Unilec Engineering Ltd. and Ors., seeking recovery of Rs.28,18,062.00. The Petitioner, as Defendant, filed a written statement accompanied by an affidavit. However, it was not accompanied by the mandatory statement of truth and affidavit of admission/denial of documents and was also not signed on each page. Although no objection was initially raised by the Plaintiff in the replication, the Trial Court, vide order dtd. 4/7/2022, took note of these defects. Thereafter, the Plaintiff filed an application under Order VI Rule 15A CPC for striking off the written statement, which was allowed by the Trial Court on 19/4/2023. The said order was challenged by the Petitioner before this Court by way of CM(M) No. 990/2023, which was allowed on 17/8/2023, permitting the Petitioner to cure the defects and refile the written statement in compliance with procedural requirements.

(3.) Pursuant to the order of this Court, the Petitioner filed the duly signed written statement along with the statement of truth and affidavit of admission/denial on 17/10/2023. Issues in the matter were thereafter framed by the Trial Court on 17/10/2023 and 11/12/2023. Subsequently, on 19/12/2023, the Petitioner filed an application under Order XI Rule 1 CPC seeking permission to place additional documents on record. The Respondent filed reply to the said application on 15/1/2024. The Trial Court dismissed the application vide the impugned order dtd. 31/1/2024, giving rise to the present petition.