Can a WS be allowed after three and a hal years
7 months ago
Greetings dear all eminent lawyers,
Here is my case history in brief:- I filed a case in cooperative court against overbilling on 30th December 2019. The opposite party was not attending any hearings . They started attending the hearings after receiving an ex parte hearing notice. However , the opposite party did not file any written statement nor did they appoint any lawyer. On 16 December 21 they gave an undertaking to the court that their lawyer will present the vakalatnama on the next hearing. But he never did appear. Finally on the honorable judge passed the NO WS order on 10 August 2022. Now the opposite party appointed a lawyer on 4th Feb2023 and have asked to file WS. My lawyer has opposed it. The arguments for the same are over & honorable judge will pass an order on our next date which is on mid of October 2023.
Now my queries to the esteemed forum. 1 - Can the honorable judge allow a WS after three and a half years? 2- In case if the honorable judge allows the opposite party to file WS what are the costs we can ask for ? How do we calculate the costs ? Who decides the costs ? Do I ask for the costs or the honorable judge decides it ? 3 -These costs well be given to us by the opposite party or deposited in the court? 4 – In case is the honorable judge allows WS where do we go in appeal: The appellate co operative court or the high court Hope to see a lot of responses and many thanks an advance for the same
Regards,
Dr. Veerendra Darakh
Here are some insights into your queries:
1. Can the honorable judge allow a WS after three and a half years?
In general, courts have the discretion to allow or disallow a written statement (WS) even if it is filed late. The principle of natural justice and fairness may be considered by the judge. If the opposite party can provide a reasonable explanation for the delay in filing the WS, the judge may allow it. However, it ultimately depends on the facts and circumstances of your case, and the judge's discretion.
2. In case the judge allows the opposite party to file WS, what are the costs we can ask for? How do we calculate the costs? Who decides the costs? Do I ask for the costs, or does the honorable judge decide it?
If the judge allows the opposite party to file a late WS, you may request costs as compensation for the delay and expenses caused by the late filing. The calculation of costs can vary and may include legal fees, court fees, and any other expenses incurred due to the delay. You can request these costs in your response to the late WS, and the judge will decide whether to grant them and the amount to be awarded. The judge typically decides the costs based on the merits of your case and the expenses you have incurred.
3. Will these costs be given to us by the opposite party or deposited in court?
If the judge awards costs in your favor, it is usually the responsibility of the opposite party to pay these costs directly to you. However, if the opposite party fails to comply with the court's order to pay costs, you may need to take further legal action to enforce the order.
4. In case the honorable judge allows WS, where do we go in appeal: The appellate cooperative court or the high court?
If you are dissatisfied with the judge's decision to allow the late WS, you may consider appealing the decision. In India, the first appellate authority is typically the District Court or the appropriate Cooperative Appellate Court, depending on the specific nature of the case. If you are not satisfied with the outcome at the appellate level, you can then consider approaching the High Court for further appeal.
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