Electronic filing date determined when documents received in registry not when objections cleared

The Bombay HC ruled on a dispute involving refund of money with interest and damages, where plaintiff claimed false inducement through defendant's misrepresentation to execute a Film Rights Assignment Agreement. The court held that electronic filing date is determined when action is received in registry, not when office objections are cleared. The court rejected respondent's argument that online filing requires perfection through removal of all objections before being considered filed. The HC allowed the application, condoning an 85-day delay in filing the Written Statement, emphasizing that filing date remains when proceedings are first tendered in registry regardless of subsequent objection notifications.

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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.

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