Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 29 CS SCJ 1214/24 M/S ZENTECH AUTOMATION Vs. SH
ANURAG SINGH and ANR
25.09.2025
Present: Sh. Amulaya Anand and Sh. N.D. Joshi Ld.
Counsels for plaintiff through VC.
Sh. D.V. Shukla Ld. Counsel for defendant.
Arguments have been heard on the application U/o
VIII rule 1 r.w.s. 151 CPC.
1. The present application has been filed on behalf of
defendant seeking condonation of delay in filing of WS. It is
stated that the defendants were served with the summons on
15.12.2024 and the defendants has engaged the Counsel namely
Shivam Mishra to represent him and 10.02.2025 Advocate Sh.
Shivam Mishra had appeared and time was given to file written
statement within 15 days but the Advocate could not prepare WS
and file the same and later he refused from representing defendant
which caused grave prejudice to the defendants.
2. It is stated that due to above stated reasons delay has
occurred and the written statement could not be drafted and filed
within time. It is further stated that the defendants will be in great
hardship if the written statement will not be taken on record as
real story from the side of defendant no.1 is extremely important
to decide the present matter. It is further stated that delay was
neither intentional nor deliberate. Prayer is made for condoning
the delay and taking the W.S on record.
Contd…….2/-
(2)
3. Reply has not been filed on behalf of plaintiff, however
oral submissions made by Ld. counsel for plaintiff. It is argued
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that 15 days time was granted on 10.02.2025 and instead of filing
WS, the defendant has put entire blame on the previous counsel.
4. Heard submissions.
5. It is settled law that procedures are nothing but handmaid
of justice and when technicalities are pitched against justice, it is
the cause of justice which is to be given paramount importance. It
is noteworthy to mention that for efficacious disposal of the suit, it
is desirable that fair opportunity must be given to both the parties
to represent their case on merits and though in the present case
there is a delay in filing of written statement but in the considered
opinion of this court, if the same is not condoned, efficacious
adjudication on merits cannot be made. Therefore, in the interest
of justice, the delay in the filing of W.S is condoned. However,
considering the delay the defendant is burdened with the cost of
Rs. 5,000/- to be paid to the opposite party.
6. The application of defendant stands allowed accordingly.
7. Plaintiff is directed to file replication, if any, with
advance copy to opposite party.
Be put up for completion of pleadings/further
proceedings on 15.01.2026.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/25.09.2025
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