Order 4

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No. 74/26
Sajal Lahoti Vs. RM Controls P. Ltd. & Ors.
10.07.2026
Present: Sh. Raj Kumar Sharma, Ld. Counsel for plaintiff.
Sh. Lalit Mohan, Ld. Counsel for defendant (through VC)
Defendants have filed affidavit of admission/denial of
documents. Copy supplied. However, Ld. Counsel for plaintiff has opposed
format of affidavit of admission-denial documents and has argued that this
affidavit is not in format prescribed under Order 11 rule 4 of CPC and
affidavit is liable to be rejected. On the other hand, Ld. Counsel for
defendants has argued that affidavit is in due format. However, sufficient
time has already been granted to defendants to file affidavit of admission /
denial of documents and if affidavit is not in due format, then consequences
shall follow.
Defendants have filed application under Order 8 Rule 1 CPC
seeking condonation of delay in filing of WS.
Ld. Counsel for defendants has argued that one of defendants
was not well and was hospitalized, due to WS could not be filed in time and
delay in filing WS may be condoned.
On the other hand, Ld. Counsel for plaintiff has opposed this
application and has submitted that the medical documents relied upon by the
defendants are pertaining to prior to institution of this case and even AR of
the defendants, who has filed this application is not AR, due to application is
liable to be dismissed. It is further argued that defendants have cited a
manipulated ground to seek relief and application is liable to be dismissed.
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Admittedly, defendants have filed WS after a lot of delay and have
sought condonation of delay in filing WS on medical ground of Mr. Amit
Varshney, whereas he is one of defendants, but application has been filed by
Mr. Sumit Varshney. Even medical documents are also pertaining to the
period prior to institution of this suit. As such, application of defendants is
not duly supported by any cogent reason for condonation of delay. However,
defendants were served on 07.04.2026 and have filed WS on 26.05.2026 and
now seeking condonation of delay of about 20 days approximately.
Accordingly, in view of nature of claim, I am of the opinion that this suit
must be contested on merit, hence delay in filing WS is hereby condoned,
subject to cost of Rs.10,000/- to be paid to plaintiff. WS be taken on record.
Rejoinder and affidavit of admission-denial of documents
already filed.
Put up for completion of pleadings/admission-denial of
documents/ issues on 22.07.2026.
(Devender Kumar)
District Judge (Commercial Court)-01
East District,
Karkardooma Courts, Delhi
10.07.2026
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