Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 CS SCJ 708-26
KUMAR BINOD PRABHAT Vs. STATE BANK OF INDIA OFFICERS
ASSOCIATION
01.10.2026
Present: Mr. Abhishek Kumar Singh, Learned Counsel for the
Plaintiff.
Mr. Sudeep Dey (through VC) and Mr. Anmol Singhal, Learned
Counsel for the Defendant No. 1.
Mr. Varun Chandiok, Learned Counsel for the Defendant N0. 2
through VC.
1. Summons issued to Defendants No. 1 and 2 received back served
on 25.08.2026.
2. Summons issued to the Defendant No. 3 received back served on
21.08.2026.
3. Fresh Vakalatnama filed on behalf of the Plaintiff. Taken on record.
4. Appearance is entered on behalf of D-1 and D-2 without filing any
vakalatnama or memo of appearance.
5. Learned Counsel for the Defendant No. 1 has filed a vakalatnama
by index dated “10.01.2026” and it reads “Advocates for the Plaintiff”.
6. The date which probably was meant to be 01.10.2026 and the party
on whose behalf it is filed are both incorrectly mentioned. In any case, the
vakalatnama is taken on record on behalf of D-1.
7. Time is given to D-2 to file the same as well.
8. Since 30 days have expired from the date of service and no WS is
filed till date, needless to say, right of all Defendants to file Written
Statement stands closed.
9. At this stage, D-1 orally requests for extension of time to file the
Contd...
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WS.
10. In Shyam Sunder vs. Shikha Arora & Ors.,
MANU/DE/1783/2020, it was held:
“9. The provisions of Order VIII CPC provide a complete timeline
and scheme for filing of the written statement. The said scheme
would have to be followed. There are certain conditions that have
to be satisfied for a party to seek condonation of delay in filing
the written statement. The non-filiing of the written statement
within the time prescribed has consequences in law for parties.
The grant of a further extension of time, in a casual manner
simply upon an oral request without an application thereto
being filed and explaining the delay in filing the written
statement, would be contrary to law. Even the lockdown due to
the pandemic can only extend the original period of limitation
and not the period up to which delay can be condoned.”
(Emphasis supplied)
11. Thus, the time to file WS cannot be extended upon the oral request
of Learned Counsel for the Defendant No.1.
12. List for Ex-parte Plaintiff’s Evidence on 17.12.2026.
(VAIBHAV PRATAP SINGH)
Civil Judge, Patiala House Courts
New Delhi District, Delhi
01.10.2026
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