2024 (1) TMI 1258 - HC - Indian Laws

Seeking refund of money alongwith interest and damages - Plaintiff was falsely induced, on account of the Defendant s misrepresentation to execute a Film Rights Assignment Agreement and to part with the said amount - HELD THAT - There are no difficulty in accepting the submission of the learned senior counsel Mr.Godbole, that when action is electronically received in the registry, it shall be considered as the date of e-filing and it is sufficient substance in his submission, since it is quite possible, that on an action being generated, there may be objections which will have to be notified on a subsequent date, as in case of physical filing of any proceedings, the date of its filing, is the date when it is tendered in the Registry of the Court. The objections may be notified at a subsequent point of time and time shall be given to cure the objections, but the filing date do not get postponed till the removal of office objections and for all purposes it shall be the date on which the proceedings are for the first time tendered in the Registry. The parties shall, suffer irreparably an action being uploaded through e-filing, but if the Registry do not take note of the objections as in the present case, it is seen that the scrutiny of the Written Statement/Interim Application occurred only on 24.03.2023, much later than the date of uploading of the document and it is not possible to label this document merely as a mere Draft awaiting clearance of office objections. There are no merit in the submission of respondent that merely because Written Statement/Interim Application was filed OnLine and an email is generated, unless and until it is perfected in all aspects by removing office objections, it shall not be construed to have been filed. Application is allowed by condoning delay of 85 days in filing the Written Statement.

Summary

Issues Involved:
1. Refund of money due to alleged misrepresentation.
2. Disclosure of assets and injunction.
3. Condonation of delay in filing the Written Statement.

Summary:

Refund of Money Due to Alleged Misrepresentation:
The Plaintiff filed a Commercial Suit on 07.09.2021, seeking a refund of Rs. 14,12,50,000.00 along with interest and damages, alleging that the Defendant falsely induced the Plaintiff to execute a Film Rights Assignment Agreement and part with the said amount.

Disclosure of Assets and Injunction:
In IA No.4233/2022, the Plaintiff sought disclosure of assets, an injunction, and an order for the deposit of the amount. The Defendant filed the Disclosure Statement accordingly.

Condonation of Delay in Filing the Written Statement:
The Defendants were served with a writ of summons on 15.11.2022, with the 30-day period for filing the Written Statement expiring on 15.12.2022. The Defendants filed an Interim Application on 04.03.2023, seeking condonation of a 113-day delay in filing the Written Statement, citing reasons such as personal travel and health issues of a key individual, Mr. Prasad MRV, who was diagnosed with pneumonia and later COVID-19.

The Court considered the arguments, including the Plaintiff's contention that the e-filing was not completed until 24.03.2023, and the Defendant's argument that the e-filing was actually done on 08.03.2023. The Court referred to the "E-filing Rules of the High Court of Bombay 2022," which state that the date of e-filing is when the action is electronically received in the Registry within the prescribed time.

The Court found that the electronic generated email evidenced the filing of the Written Statement on 08.03.2023, and objections notified later did not postpone the filing date. The Court rejected the Plaintiff's objection and allowed the Interim Application, condoning the delay of 85 days in filing the Written Statement, subject to the payment of costs of Rs. 25,000 to the Plaintiff within four weeks.