Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)/563/2023
DLND010087912023
M/S. AHUJA SALES CORPORATION
Vs.
M/S TSK HOSPITALITY LLP
24.09.2024
Present: Sh. Amandeep Singh alongwith Sh. Pawan Kant
Singh, Advocates for Plaintiff.
Sh. Kaustubh Prakash alongwith Sh. Lavish Sharma,
Advocates for Defendant.
Heard. File perused.
Arguments on application under Order VIII Rule 1
CPC as well as on application under Order VII Rule 10 CPC
moved by defendant, heard.
Firstly, I shall take up the application under Order
VII Rule 10 CPC.
During the course of submissions, Ld. Counsel for
defendant states at Bar that without prejudice to the right of the
defendant to raise the issue of lack of territorial jurisdiction of
this Court at the appropriate stage, he does not press the said
application under Order VII Rule 10 r/w Section 151 CPC. His
statement in the regard is recorded at the bootom of the first page
of the above said application itself.
In view of above and the statement of Ld. Counsel
of defendant, the application under Order VII Rule 10 r/w
Section 151 CPC is dismissed as not presssed.
Now, I shall take up the other application under
Order VIII Rule 1 CPC seeking condonation of delay in filing
written statement moved by the defendant.
Contd:-
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Record shows that the defendant was served with the
summons of the suit on 03.11.2023 and has filed their written
statement on or about 28.02.2024. Although, there is a delay of
about 87 days beyond statutory period of 30 days from the date
of service of defendant, however, the written statement has been
filed within the maximum period of 120 days thereof.
During the course of arguments, Ld. Counsel of non
applicant/plaintiff, on instructions, states at Bar that he has no
objection in case delay is condoned while allowing the
application under consideration.
Having considered the submissions made on behalf
of applicant/defendant and keeping in view the reasons assigned
in the application and overall facts and circumstances of the case,
the delay in filing the written statement is hereby condoned. The
application stands disposed off accordingly.
Ld. Counsel of plaintiff seeks and is granted four
weeks time for filing replication, if any, alongwith affidavit
concerning admission denial of documents of defendant, with
direction to supply advance copy thereof to the opposite side.
Put up on 08.11.2024 for compliance, consideration
of application under Order XXXIX Rules 1 and 2 CPC of
plaintiff, framing of issues and First Case Management Hearing.
Vidya Prakash
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
24.09.2024(V)
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