Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 713/25
DIAMOND MODULAR PRIVATE LIMITED Vs. SHRI
LAVKESH,
PROPRIETOR M S YASH ENTERPRISES
27.04.2026
Present: Sh. Shiven Banga, Ld. Counsel for the plaintiff.
None for defendant.
Be awaited.
(JAGDISH KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
27.04.2026
At second call
Present: Sh. Shiven Banga, Ld. Counsel for the plaintiff.
Ms. Kumud Gautam, Ld. Counsel for defendant.
Arguments on an application bearing no. 1A/1/2026
moved on behalf of the defendant under Order VIII Rule 1 CPC
for condonation of delay heard.
Ld. Counsel for defendant submits that due to the ill
health of the counsel for defendant, the written statement on
behalf of the defendant has not been filed on time.
Ld. Counsel for plaintiff has no objection if the
written statement is taken on record subject to heavy cost.
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
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demands of justice would be met in case the delay is condoned
subject to costs.
Accordingly, the application is allowed and delay in
filing the written statement is condoned subject to the costs of
Rs.5,000/-.
Application bearing no. 1A/1/2026 stands disposed
of accordingly.
Let replication be filed within four weeks from
today.
Both the parties shall file their respective affidavits
of admission/denial of documents on or before the next date of
hearing with advance copies to each other.
Put up for framing of issues/further case
management of hearing on 05.06.2026.
(JAGDISH KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
27.04.2026
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