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Veerendra   30 January 2023

How to oppose request for ws by opponent after no ws order has been passed ?

Dear all eminent lawyers, 

This is  regarding  a co-operative housing society overbilling  case. 

I filed a case against the cooperative housing society on 30th December 2019. For 3 long years the opponent  did not file any written statement. 

Finally on 10th August 2022 the judge passed a NO WRITTEN STATEMENT remark against the opponent. 

Now 27/01/2023 the opponent came and said that they want to file a WRITTEN STATEMENT. Please let me know how I should oppose it. 

What points have to be kept in mind while opposing it. 

The contention of the opponent is that we had offered for a reconciliation and that is why they did not file a written statement. However the plain truth is no such offer was made from my side. There is abolutely no correspondence which suggests that we had offered a reconcilation.

Hope to see many responses and many thanks in advance for the same. 


Veerendra Darakh. 


 9 Replies

Real Soul.... (LEGAL)     30 January 2023

You can file objections and argue the case with whatever material you have,,, but mostly courts are lenient in allowing such filings subject to costs.

1 Like

Veerendra   30 January 2023

Ok. But then how much costs can I ask for ? And what is the criteria to ask for costs ? What is the quantum of the costs that is awarded .

Also what kind of costs can I ask for : Actual costs or opportunity costs or both.

Also I need to understand whether if the opposite party refuses to pay costs than the court will not accept the WRITTEN STATEMENT. I need a clarification on this .





Shashi Dhara   30 January 2023

The court will  decide the cost .

1 Like

Veerendra   30 January 2023

Thank you very much for the replies.

But as I understand if the opposite party refuses to pay costs than no witten statement will be allowed.

Pls let me know if my understanding is correct .

Also , in case if I decide to challnge the order to allow WS , where can the order be challenged in cooperative appellate court or high court.

Shashi Dhara   30 January 2023

You can file objections ,then court will hear and orders will be passed ,the aggrieved party can approach high court .

1 Like

P. Venu (Advocate)     30 January 2023

Justice entails that the other party be heard. As such Courts and Tribunals adopt in allowing the other party  to file reply/written statement.

Advocate Bhartesh goyal (advocate)     30 January 2023

Opposite pafty can file ws within 90 days from receipt of summons of case, beyond this period oppoditr party has to show reasonable cause due to which they could not file ws in time.Court on satisfaction of reason may allow to take ws on record .

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 January 2023

The maximum time limit for filing of a written statement would be 120 days irrespective of whether the suit is a commercial suit coming under the Commercial Courts Act or an ordinary suit and in no event the court is entitled to grant an extension to file the written statement beyond the period of 120 days

1 Like

Shashi Dhara   31 January 2023

If court allows  petition to file w.s you can approach High court but it is delay tactis  so simply tell to court it may be allowed with heavy costs to avoid much delay .

1 Like

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