National Fire Protection Association Vs Swets Information Services

National Fire Protection Association Vs Swets Information Services Pvt. Ltd.: Delhi High Court: Hon'ble Mr. Justice Saurabh Banerjee:CS(COMM) 987/2018:May 15, 2025:2025:DHC:3771

Fact:

The dispute involves a suit for permanent injunction filed by the plaintiff, National Fire Protection Association, Inc., against the defendant Swets Information Services Pvt. Ltd. and others. The defendant, Swets Information, filed their written statement on August 8, 2018, but the statement was missing an affidavit of admission/denial of the plaintiff’s documents, which is a requirement under the applicable rules.

Procedural Details:

The defendant’s written statement was filed within the statutory period but lacked the mandatory affidavit.The Court issued an "Urgent Notice" in August 2022, drawing attention to documents lying under objection at the filing counter.The defendant relied on the case history available online, believing that the written statement was free of objections.Despite the initial filing, the absence of the affidavit of admission/denial led the Court’s Joint Registrar to order that the written statement be taken off the record, effective September 2, 2023, after a long delay in curing the defect.The defendant appealed against this order, challenging the removal of their written statement.

Issue:

Whether the omission of the affidavit of admission/denial at the time of filing the written statement invalidates the filing and whether the Court’s order to remove the written statement was justified, considering the defendant’s belief that no objection was indicated on the official record.

Decision:

The Court upheld the order of removal, finding that the defendant did not cure the defect within the prescribed time, and the omission was a procedural lapse attributable to the defendant. The Court dismissed the appeal as frivolous, ruling that the procedural non-compliance warranted the removal of the written statement. The costs of Rs. 25,000 were ordered to be paid to the Army Central Welfare Fund, and the case was listed for further proceeding in July 2025.