Delhi High Court has put a restraint of 45 days to file affidavit or reapplication for admission/denial of documents in a commercial suit. The same has to be followed by mandatorily. In the instant application, the order of the Joint Registrar was challenged by the Petitioner who disallowed filing of affidavit for admission/denial of documents post 45 days. The same was argued on the ground that the Joint Registrar hadn’t considered convincing reasons for such delay and that the order was passed in an alacrity.
As per Rule 14 and 16 of Chapter 1 of Delhi High Court (Original Side Rules), 2018, it isn’t mandatory for the registrar to comply with such time restraints set for submission of documents of the said Rule. They also relied upon the judgment of Jainsons Export India v. Binatone Electronics Ltd. which held that power of Court remains unfettered by such rules of procedure which are legislated to promote the ends of justice and not to thwart it.
NBCC, the respondent contended that by comprising the words “not thereafter” in Rule 5 of Chapter II of Rules, the authority making rules intended to disregard the grant of extension or further time for such filing of replication and affidavit of admission/denial post 45 days. While denying the prayer of the Petitioner, the court held that “not thereafter” cannot be interpreted the same way for Rule 5 and Rule 14 and 16. The Hon’ble High Court of Delhi proceeded to observe a mandatory time limit of 30+15 days to be conformed to.
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