Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 18
CS (COMM) 429/23
Goyal Ply N Wood Pvt Ltd Vs. RIYA TRADING COMPANY AND
ORS.
21.10.2024
Present: Mr. Pralav Bhargav, Ld. counsel for plaintiff.
Mr. Kamaljeet, Ld. counsel for all three defendants
(through VC).
Reply to the application for condonation of delay has
been filed on behalf of plaintiff. Ld counsel foprer defendant states
that he has received the copy of the same.
Submissions heard.
Ld. counsel for defendant has stated that he had received
summons on whatsapp and presumed that WS has to be filed within
30 days. He did not notice that summons were issued under order
XXXVII CPC. He states that there is only a delay of 15 days in
entering the appearance.
Ld. counsel for plaintiff has objected to the application.
He states that the application for condonation of delay is bereft of all
particulars. Neither the date on which the counsel received the
summons has been mentioned nor the number of the counsel is
mentioned. Cont...
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File perused. Ld. counsel for defendant has candidly
stated that he did not take notice that the suit was under order
XXXVII CPC. In the facts stated, delay is condoned subject to cost of
Rs. 15,000/-. Steps be taken by the plaintiff for issuing summons for
judgment.
Matter be listed for further proceedings on 03.12.2024.
Cost shall be paid by the defendant to the plaintiff on the next date, if
not paid before.
(RUBY ALKA GUPTA)
District Judge (Commercial Court)-02
East District/KKD Courts/Delhi
21.10.2024/MA
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