Order 6

Order Details: COPY OF ORDER
Pdf Text: CS (Comm.) No. 679/2025
Punjabi Chaap Corner Private Ltd. Vs. M/s Punjabi Chaap Corner
20.08.2025
Present: Sh. Deepak Dhyani, Ld. Counsel for plaintiff through VC.
Sh. T. R. Gupta, Ld. Counsel for defendant.
Ld. Counsel for defendant has e-filed an application for recalling of
order of this Court dated 17.07.2025 whereby right of the defendant to file WS
was closed and the defence was struck off since no WS was filed within thirty
days of due service of summons on 16.06.2025. In so far as the application is
seeking recalling of the order without any justification, the same is found to be not
maintainable on record. Ld. Counsel for defendant accepts that a Commercial
Court has a power to close the right of the defendant to file WS in case the same is
not filed within the prescribed period of thirty days. In the fitness of things, the
application should have been under Order 8 Rule 1 CPC as such the above
application is dismissed as not pressed. Ld. Counsel for the defendant is at liberty
to file appropriate application.
Passover sought by the defendant for 2:00 p.m.
(SURINDER S. RATHI)
District Judge
Commercial-11
Central District, THC,
Delhi/20.08.2025(P)
At 2:40 p.m.
Present: Sh. Deepak Dhyani, Ld. Counsel for plaintiff through VC.
Sh. T. R. Gupta, Ld. Counsel for defendant.
Another application has been e-filed by the defendant. Copy supplied.
Although statutory provision of Order 8 Rule 1 CPC is not cited but
it is submitted that this application seeks condonation of delay of 62 days in filing
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of the WS. It is submitted that previous counsel engaged in this matter by the
defendant Sh. Veeru Pal, Advocate did not advice the defendant properly. The
application is opposed by Ld. Counsel for the plaintiff on the ground that this
appears to be deliberate delay on the part of the defendant. The application for
condonation of delay is allowed and delay of 62 days is condoned, subject to
cost of Rs.750/- per day delay totaling to Rs.46,500/- out of which cost of
Rs.23,250/- be paid to the plaintiff and remaining cost of Rs.23,250/- to be
deposited with Advocates’ Welfare Fund, Delhi Bar Association, Tis Hazari
Courts within ten days. In case the cost is not deposited, it shall be presumed that
the defendant is not interested in availing the above benefit.
In the meanwhile, in terms of Circular No. 24753-
24953/DMC/THC/Delhi dated 09.07.2025 in compliance of Mediation “For The
Nation” campaign launched by National Legal Services Authority (NALSA) and
Hon’ble Supreme Court for early disposal of the cases, the case in hand is referred
to Delhi Mediation Centre, Tis Hazari Courts. The parties are directed to appear
before Mediation Centre, Tis Hazari Courts on 29.08.2025 at 2 p.m.
Ld. Mediation Incharge is requested to return the file after 10 days in
case no settlement is arrived at between the parties.
Put up for report regarding settlement/further proceedings on
10.09.2025.
Next date of hearing is given as per convenience of parties.
(SURINDER S. RATHI)
District Judge
Commercial-11
Central District, THC,
Delhi/20.08.2025(P)
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