Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm.) No.901/2026
M/s. Ess Ell Sons Pvt. Ltd. Vs. M/s. Ved Prakash Mittal Sons and
Other
10th October, 2026
Present : Ms. Isha Malhotra, Proxy Counsel for plaintiff.
Sh. Arvind Dhingra, ld. Counsel for defendants
through V.C.
Application U/O. 8 R 1 CPC seeking condonation of
delay in filing WS, WS on behalf of defendant no.1,2 and 3
alongwith affidavit, Statement of Truth, affidavit cum Certificate
under Section 63 of BSA, 2023, Statement of A/D of documents,
list of documents alongwith service proof filed on behalf of
defendant. Same are taken on record. Copy supplied.
Affidavit of plaintiff for A/D of documents filed.
Same is taken on record. Copy supplied.
Heard arguments on the application U/O. 8 R 1 CPC
seeking condonation of delay of 17 days in filing WS.
In view of the submissions made in the application,
the application at hand is allowed subject to cost of Rs. 1,700/- to
be paid to the plaintiff on or before NDOH. It is made clear that
WS will be taken on record subject to payment of cost.
Application stands disposed off.
Proxy Counsel for plaintiff submits that she does not
want to file replication to the WS of the defendant.
From the pleadings of the parties, following issues
are framed :-
1) Whether the plaintiff is entitled to decree of Rs.
14,90,655/- alongwith future and pendentelite interest @ 18%
p.a.? OPP
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2) Whether this Court has no territorial jurisdiction to try the
present suit? OPP
3) Whether the present suit is barred for non compliance with
the mandatory pre-institution mediation requirement under
Section 12 A of the Commercial Courts Act, 2015? OPD
4) Cost.
5) Relief.
No other issue arises or pressed for.
List for payment of cost as well as PE on 14.11.2026.
Plaintiff to file all his evidence by way of affidavit before
7 days from NDOH with advance copy to the opposite side.
(POORAN CHAND)
District Judge(Commercial
Court)-08, Central, THC
Delhi/10.10.2026
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