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TMI Blog2024 (1) TMI 1258X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - Bharati Dangre, J. For the Respondent : Mr. Rohan Kelkar a/w Sapna Chaurasia and Darshit Jain i/b TMT Law Practiace. For the Applicant : Mr. Girish Godbole i/b Kaustubh Thipsay. ORDER P.C. 1] T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affirmation/notary which eventually happened in March, 2023. 9 The Applicants state that due to the aforesaid reasons there is a delay of 113 days in filing the present Written Statement. 5] I have heard the learned senior counsel Mr. Godbole in support of the Application, which is opposed by Mr. Rohan Kelkar, the counsel representing the Respondent- Original Plaintiff. 6] On 26.06.2023, this Court recorded as under :- The learned counsel appearing for the Plaintiff submits that print outs of the emails received from the Registry show the filing date as 8/3/2023, while the website of this Court shows that they were e-filed on 24/3/2023, which is beyond the aforesaid outside limit of 120 days. In this context, the learned Senior counsel appearing for the applicant specifically relies upon the emails received from the Registry of this Court pertaining to the e-filing of the application as well as written statement. By recording as above, it was directed that the additional Affidavit shall by filed by the Applicant, to place relevant documents on record, to support the contention that the number of days of delay is 84, as efiling of the written statement was actually done on 08.03.202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-filing of the documents and by submitting that until and unless a file, is uploaded by removing all office objections, it cannot be considered as filing of the Plaint, Application or written statement, and, therefore, he assert that mere generation of an email from e-filing department, would not amount to acceptance of the written statement and specifically when all the while it was indicated that it is pending for final submit. It is the contention of Mr. Kelkar that what was uploaded remained a Draft of the Interim Application/ Written Statement and it continued to remain in that form till 24.03.2023, when the scrutiny of the same began and, therefore, the Court should regard 24.03.2023 as the date of filing the Interim Application. 10] The above arguments are to be considered in the wake of the E-filing Rules of the High Court of Bombay 2022 which apply to the High Court of Judicature at Bombay and its benches, the district courts and tribunals under the control and supervision of the High Court of Bombay. Some of the relevant definitions in the said Rules need a reproduction, for dealing with the objections of Mr. Kelkar. 2.1 Action : includes all proceedings instituted in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arity on the aspect and when the documents annexed alongwith the additional Affidavit are perused, it is apparent, that two e-filings are generated on the Website on 08.03.2023, one at 6:41:57 PM IST and other at 7:05:53 PM IST. It reflect, that the mail is generated from the e-filing account of the Advocate for filing miscellaneous documents in case of Reliance Industries Limited vs. NBK Films, LLP and is pending for final submit . The e-filing history, reflect it to be a draft pending acceptance from 08.03.2023 and on the subsequent dates. The scrutiny is shown to have taken place on 24.03.2023, but on 28.03.2023 it is still showing pending scrutiny . In the index of the documents, the document uploaded on 08.03.2023 at 6:06:46:44 PM is shown to be Written Statement alongwith Exhibits A to F. It is, only on 01.07.2023, the lalcunae raised is as under :- W/statement not in time, get the delay condoned . 12] I find 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 I find sufficient substance in his submission, since it is quite possible, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the filing of the Written Statement and under Order VIII in relation to the Written Statement, set of counter claim, Order I contemplate that the Defendant shall, within 30 days from the date of service of summons on him, present Written Statement of his defence and the proviso applicable in case of commercial disputes which prescribe the timelines for filing of Written Statement has applied the term failed to file written statement . It is quite distinct from institution of a Suit as prescribed under the Code and, therefore, I do not find merit in the submission of Mr.Kelkar 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. 15] By rejecting the objection of Mr. Kelkar, the Interim Application seeking condonation of delay in filing Written Statement, is allowed as the period of 120 days from receipt of writ of summons by the Defendant expired on 15.03.2023, whereas, Interim Application/ Written Statement was filed in the e-filing department on 08.03.2023 as is evident from the system generated email recei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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