Order 5

Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 55/26
M/S SHAN ENTERPRISES
VS.
M/S ATIRA DESIGNS PVT LTD
CNR No. DLNE01-001859-2026
07.08.2026
Present: Mr. Abid Hussain and Shahnawaz Ali, Ld. Counsel
for plaintiff.
Ms. Kavita Nailwal, Ld. Counsel for defendant.
Replication along with reply to the application for
condonation of delay in filing the written statement filed by
plaintiff. Copies supplied.
Arguments on the application for condonation of
delay in filing the written statement heard and gone through the
judgment relied by the defendant reported as VI-John Healthcare
India LLP Vs. Dabur India Limited, 2025 SCC Online Del 5122.
The defendant was served through e-mode on 09.06.2026. The
reason mentioned in the application for condonation of delay is
the review of the plaintiff’s claim and tracing of the records.
Pursuant to the legal provisions in Order VIII Rule 1
CPC, the defendant was under obligation to file written statement
within 30 days. There was appearance from the defendant on
06.07.2026 and the defendant was directed to file written
statement as per law. Again on 20.07.2026, the written statement
was not filed and accordingly defence was struck off. The ex
parte evidence of the plaintiff was recorded on 24.07.2026 and
the written statement was filed by defendant only on 31.07.2026
without explaining any reason of condonation of delay in view of
the above said legal provisions. The defendant, in considered
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opinion of this court, failed to file the written statement within
time nor explained any sufficient reason for not filing the same
within the stipulated period as prescribed under Commercial
Courts Act. The application is, therefore, dismissed.
As observed the defence of the defendant is struck
off and the plaintiff’s witness is already examined, put up for final
arguments on 08.08.2026.
(Gorakh Nath Pandey)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
07.08.2026
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