Interim Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)801/23
Aranka Industries Private Limited
Vs.
Sedan Engineering Enterprise
09.02.2024
Present: None for the plaintiff.
Sh. Manish Biala, ld. Counsel for the defendant
(joined through VC)
The matter is listed for arguments on the application
of the defendant under Order 8 Rule 1 CPC seeking condonation
of delay in filing the written statement.
Reply has not been filed on behalf of the plaintiff
inspite of opportunity. None has appeared on behalf of the
plaintiff to explain about the same.
It is stated by Ld. Counsel for the defendant that
defendants were served on 30.07.2023 and the written statement
has been filed by the e.mail portal on 25.11.2023 i.e. within 120
days. Although it is not filed within the first 30 days of service
and hence this application seeking condonation of delay.
The court has perused the record in respect of the
issuance of summons to the defendant. Summons were sent to the
defendant through registered post on 31.07.2023 as the
acknowledgments of the India Post are of the said dates.
The Ahlmad has already given report that Written
Statement was filed by the defendant through e.filing portal on
25.11.2023 and hence in totality it is clear that the written
statement has been filed within 120 days. Hence, in totality, this
application under Section 8 Rule 1 CPC seeking condonation of
delay is allowed subject to cost of Rs.3,000/- to be paid to the
plaintiff/counsel.
Contd..2
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Subject to payment of cost, Written statement is taken on
record.
Application under Section 8 Rule 1 CPC is
disposed off accordingly.
Let cost be paid within a week.
Let replication be filed by the plaintiff prior to the
NDOH.
Put up for completion of pleadings, framing of
issues and for case management hearing on 22.02.2024.
(Deepak Garg)
Distt. Judge, (Comm. Court)-09,
Central District, THC : Delhi :09.02.2024
11:15 a.m.
At this stage, Sh. Vijay Singh, ld. Counsel for the plaintiff
has appeared. He states that he tried to join through VC in the
morning but, the system of the Court was not working. He further
states that he intimated the court staff through phone that he is
personally coming to the court but this fact probably was not
brought to the notice of the court. He is apprised with the order
passed today and NDOH.
(Deepak Garg)
Distt. Judge, (Comm. Court)-09,
Central District, THC : Delhi :09.02.2024
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