1 year ago

Whether Non-Filing Of 'Statement Of Truth' Along With A Petition U/S 34 Of A&C Act Makes The Filing Non-Est? Delhi High Court Refers Question To Larger Bench For Clarification In View Of Conflicting..

The Single Bench of Justice Prateek Jalan has referred the question 'Whether non-filing of statement of truth with a Challenge Petition would make the filing non-est' to a larger bench in view of conflicting views taken by two Division Benches. The petitioner made the following counter-arguments: Non-filing of statement of truth is only a procedural defect and the effective date of filing would be the date of the original filing only. It observed that the Division Bench in ONGC v. Sai Rama Engineering 2023 SCC OnLine Del 63 has held that non-filing of Statement of Truth is only a procedural defect which would not make the petition non-est. The Court noted that the question 'Whether non-filing of statement of truth with a Challenge Petition would make the filing non-est' arises for consideration in several cases and there is a need for authoritative clarification on this point in view of the conflicting views taken by the Division Benches.

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Truth Statement Bench Filing View Petition Court Refers Statement Of Truth
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