Order 21

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 1263/23
KANCHAN WINDHWANI & Ors. Vs. DTWELVE SPACES
PVT LTD
27.03.2025
Present: Ms. Aanchal Bumb, Ld. Counsel for plaintiffs.
Sh. Chetan Wahi, Ld. Counsel for defendant.
WS on behalf of defendant along with statement of
truth, an application under Order 8 Rule 1 CPC seeking
condonation of delay in filing thereof and an affidavit of
admission/denial qua documents of plaintiffs etc. stand already
filed on record through e-mode as well as in hard form.
Even replication by plaintiffs along with statement
of truth, their affidavit of admission/denial in respect to
documents of defendant and reply to the above application for
condonation of delay etc. stand filed through e-mode and hard
copies thereof are being placed on record today.
An application under Order 12 Rule 6 r/w Order 13-
A CPC on behalf of plaintiffs also stands filed seeking passing of
a judgment/decree on the basis of admissions.
Copies of the above applications and documents
stand exchanged by Ld. Counsels for parties.
Coming to the application under Order 8 Rule 1
CPC, it is observed on perusal of record that vide order dated
06.12.2024, this court had allowed an application under Section
151 CPC filed by plaintiffs and had permitted them to pursue this
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case as an ordinary suit, though it was filed initially as a
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summary suit under the provisions of Order 37 CPC. The WS of
defendant company was directed to be filed within a period of 30
days from the date of said order, as permitted by CPC. However,
it is stated to have been filed after a delay of 38 days.
It is being submitted by Ld. Counsel for defendant
that the above delay was unintentional and non-deliberate and it
is due to the fact that defendant company had decided to change
its counsel due to certain reasons. Though the above ground
cannot be considered as a reasonable ground to justify a long
delay of 38 days in filing of the WS, but still keeping in view the
no objection given by Ld. Counsel for plaintiffs for condonation
of said delay subject to imposition of costs and further keeping in
view that interests of justice which require that defendant
company should be given a fair opportunity to contest this case
on merits, this application is being allowed and above delay is
condoned and WS of defendant is taken on record subject to
payment of costs of Rs. 10,000/- by defendant to plaintiffs by
next date.
List the matter now on 01.05.2025 for reply/
arguments on the other application under Order 12 Rule 6 r/w
Order 13-A CPC of the plaintiffs/payment of costs. Advance
copy of reply be supplied.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/27.03.2025(s)
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