Order 17

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -1-
3 CS SCJ 2127/25
NIKHIL JAIN VS. SHARWAN KUMAR
06.08.2026
Proceedings conducted through hybrid mode.
Present: Mr. Anurag Sharma, Mr. Asish Rana, Mr. Ujjwal
Jain and Piyush Sharma, Ld. Counsel for the plaintiff
Mr. Atul Pandey, ld. counsel for defendant (through
VC).
An application was filed on behalf of defendant under
Order XXXIX Rule 2A r/w 151 CPC on 01.08.2026 and the same
has been put up with file today. The said application is taken on
record. Copy of the said application, to be supplied to the plaintiff
has also been filed by Ld. counsel for defendant. The same is taken
on record and be supplied to the plaintiff against acknowledgment.
Ahlmad is directed to register the said application separately.
Ld. Counsel for the plaintiff submits that the
defendant had filed WS on 02.02.2026, which was beyond the
stipulated period for filing WS and till date, no application seeking
condonation of delay in filing WS has been filed on behalf of the
defendant and hence, it is requested that the WS filed on behalf of
defendant be taken off record.
At this stage, Ld. Counsel for the defendant submits
that he will appear at 12:30 PM and will file application for
condonation of delay in filing WS.
In view of the same, let the matter be recalled at 12:30
PM.
(Aayushi Saxena)
CJ-03 : Central : THC : Delhi.
06.08.2026
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At 12:30 PM
Present: Mr. Ujjwal Jain, Ld. Counsel for the plaintiff
(through VC).
Mr. Atul Pandey, ld. counsel for defendant
alongwith defendant.
Ld. counsel for defendant submits that due to some
network issue, he has not been able to e-file the application for
condonation of delay in filing WS and he submits that he shall file
hard copy of the same during the course of the day.
Perusal of the file shows that on 05.02.2026, Ld.
Counsel for the defendant had submitted that he would file an
appropriate application for condonation of delay in filing the WS.
However, till date, i.e. even after 5 months, no such application has
been filed on behalf of the defendant. Since the matter is being
delayed due to inaction on behalf of the defendant, defendant is
burdened with cost of Rs.2,000/- to be paid to the plaintiff.
It is made absolutely clear that no further adjournment
shall be granted to the defendant for the said purpose.
Ld. Counsel for the plaintiff requests that defendant be
directed not to disconnect the electricity connection in the tenanted
premises.
In view of the same, defendant is hereby directed not to
disconnect the electricity connection in the tenanted premises till the
NDOH.
List the matter for further proceedings on 09.10.2026.
Date has been given as per convenience of both the sides.
(Aayushi Saxena)
CJ-03 : Central : THC : Delhi.
06.08.2026
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