Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 235/24
Jai Malik Vs. Enki Water Private Limited
10.12.2024
Present: Shri JD Kathuria – Ld. Counsel for plaintiff alongwith
plaintiff.
Shri Tanuj Arora – Ld. Counsel for defendant alongwith
defendant no. 2 in person joined through VC.
Plaintiff has filed replication, copy of which has already been
supplied.
Another application under Order 13A of CPC has also been
filed. Copy supplied.
Defendant has filed an application under Order 8 Rule 1 CPC
for seeking condonation of delay in filing written statement, reply of
which has not been filed.
Defendants were served with the summons on 06.09.2024.
Written statement should have been filed within 30 days i.e. by
06.10.2024 atleast, however, same was filed on 21.11.2024 i.e. after
the expiry of 30 days but within 120 days i.e. the outer limit
prescribed for filing written statement in commercial court.
Considering the facts and circumstances and reasons shown in
the application, application is allowed subject to cost of Rs.3,000/-.
WS is taken on record. Defendant is directed to file reply to the
application under Order 13A CPC before the next date of hearing.
Put up for filing reply and disposal of the application on
10.01.2025.
(Pitamber Dutt)
District Judge (Commercial Court-01)
East/Karkardooma Courts-10.12.2024
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