The Single Bench of the Delhi High Court in the case of M/S. Elite Packaging & Anr vs M/S. Vasu Polymers India Pvt. Ltd. consisting of Justice C. Hari Shankar opined that a party cannot capitalise on the existing COVID-19 pandemic as a ground to explain away his inaction in filing affidavit of admission and denial in support of the written statement which had been tendered by him as far back as in January 2021.
Facts
This petition under Article 227 of the Constitution of India challenged orders passed by the learned District Judge (Commercial Courts) (“the learned Commercial Court”) in CS (Comm) 275/20 (Vasu Polymers India Pvt. Ltd. v. Elite Packaging & Ors.). The petitioner was the defendant in the said suit and the respondent was the plaintiff. Summons in the suit were issued in November 2020. Written statement, accompanied by affidavit of statement of truth, was filed by the petitioner in January 2021. Thereafter, as no affidavit of admission and denial, on the part of the petitioner, was forthcoming, the learned Commercial Court, closed its right to file affidavit of admission and denial.
Observations of the Court
The Bench noted that the petitioner had no ready explanation as to why no affidavit of admission and denial was filed despite summons being issued as far back as in November 2020 and sought, predictably, to capitalise on the existing COVID-19 pandemic. To this, it opined that this was a completely insufficient as a ground to explain away the inaction, on the part of the petitioner, in filing affidavit of admission and denial in support of the written statement which had been tendered by him as far back as in January 2021.
Regarding the second challenge of the petitioner pertaining to closure of the petitioner’s right to cross examine the respondent’s witnesses PW-1 and PW-2, it was submitted by the respondent that the decision of the learned Commercial Court to close PE was justified, by emphasising the necessity for expeditious trial in commercial suits. It was noted that even though the commercial suits are required to be expeditiously tried and decided, a reasonable opportunity to the parties to represent their case is the sine qua non of every fair and judicious legal proceeding.
Judgment
Accordingly, a last and final opportunity was granted to the petitioners to file the list of defence witnesses, the affidavit in evidence of the defence witnesses as well as their affidavits-in-evidence and to cross examine PW-1 and PW-2, on the next date on which the matter is listed before the learned Commercial Court. No adjournment was to be granted to the petitioner for the said purpose on that date and the learned Commercial Court was requested to ensure that the proceedings continued with all due expedition. The petition was hereby disposed of.
Case: M/S. Elite Packaging & Anr vs M/S. Vasu Polymers India Pvt. Ltd.
Citation: CM(M) 893/2022 & CM APPL. 38197/2022
Bench: Justice C. Hari Shankar
Decided on: 1st September 2022
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