Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2024 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (1) TMI 1258 - BOMBAY HIGH COURTSeeking 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.
|