Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 175/26
SUBHASH CHANDER Vs. RAHUL
27.07.2026
Present: Sh. Arpit Verma, Ld. Counsel for the plaintiff.
Sh. Sanjeev Deswal, Ld. Counsel for the defendant
no.1.
Sh. Dinesh Bharadwaj, Ld. Counsel for the
defendant no. 2.
Ld. Counsel for defendant no. 1 submits that the
written statement was filed within the limitation. Ld. Counsel for
the plaintiff submits that the same has been filed within the
period of limitation. In these circumstances, the WS of D-1 is
taken on the record.
Arguments on the application bearing IA3/26 moved
on behalf of the defendant no. 2 for condonation of delay heard.
Ld. Counsel for defendant submits that due to
renovation work being carried out at his office, there is delay in
filing the WS of 56 days and prayed that same be taken on
record.
Ld. Counsel for plaintiff has no objection if the
written statement is taken on record subject to heavy cost.
Heard. Considered.
In view of the averments contained in the
application and also considering the fact that the written
statement has been filed well before the expiry of outer limit of
120 days prescribed for filing written statement under the
Commercial Courts Act, this Court is of the opinion that the
demands of justice would be met in case the delay is condoned
subject to costs.
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Accordingly, the application is allowed and delay in
filing the written statement is condoned subject to the cost of
Rs.7,000/-. The WS of D-2 be also taken on the record.
The plaintiff to file replication, if any along with
affidavit of admission / denial of documents of the defendant(s)
with advance copy to the opposite party.
Put up for framing of issues / further management of
the case on 05.10.2026.
(JAGDISH KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
27.07.2026
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