Order 4

Order Details: COPY OF ORDER
Pdf Text: 7 CS (COMM.) 345/25
DEV BHUMI COLD CHAIN PRIVATE LIMITED VS. MADAN
LAL SONKAR
09.03.2026
Present : Sh. Aman Srivastava, ld. proxy counsel for the plaintiff.
Sh. Ajay Kumar Tiwari, ld. counsel for the defendant.
Ld. counsel for the defendant filed an application under
Order VIII Rule 1 read with Section 151 CPC and Section 16 of the
Commercial Courts Act, 2015 seeking condonation of delay of 12 days
in filing the Written Statement.
It is stated by ld. Counsel for the defendant that the
summons were served upon the defendant on 13.09.2025 and the WS
has been filed on 25.10.2025. It is stated that there is a delay of 12 days
in filing the WS. It is urged that the said period 12 days is within the
maximum period of 120 days permissible for filing WS. It is stated
that the delay in filing WS was caused as defendant is a senior citizen
and permanent resident of Varanasi, UP and he was unable to travel
frequently to Delhi. It is accordingly prayed that delay in filing WS is
not deliberate and is bonafide. It is accordingly prayed that delay of 12
days in filing WS may be condoned.
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It is stated by ld. Counsel for the plaintiff that there is no
reasonable explanation for delay in filing the WS and the said delay
ought not to be condoned. It is accordingly prayed that application
under Order VIII Rule 1 r/w Section 151 CPC is liable to be dismissed.
I have heard ld. Counsel for the parties and perused the
record.
Perusal of the record reveals that the WS was filed
beyond the 30 days time period, however, WS is filed within the
extendable period of 120 days. The defendant is a senior citizen and
stated to be situated at Varanasi, UP. Accordingly, the delay in filing
WS is condoned subject to cost of Rs. 1,000/- (Rupees One thousand)
to be deposited with NDBA Members Welfare fund Account no.
18580110013847, IFSC Code UCBA0001858, UCO Bank, Patiala
House Courts Branch, Delhi. Ld. Counsel for the defendant is directed
to produce receipt on the next date of hearing. WS is taken on record.
Ld. Counsel for plaintiff filed replication alongwith
affidavit for admission and denial of documents. Copy supplied.
Renotify the matter for conclusion of pleadings,
admission/denial of documents and framing of issues on 25.05.2026.
(DEEPALI SHARMA)
District Judge (Commercial Court-03)
PHC / New Delhi /09.03.2026
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