Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 31 CS (COMM.) 286/24
M/s 5 Saheed Paper Plate Industries Vs. M/s Jai Maa Saraswati
Traders
16.07.2026
Present: Ms. Jyoti Kaushik and Ms. Isha, Ld. Counsel for
plaintiff.
Sh. Sanjeev Gupta, Ld. Counsel for defendant
through video conferencing.
Written statement alongwith statement of truth,
affidavit under order XI rule 6 Commercial Courts Act, list of
documents, affidavit of admission/denial of documents and an
application under order VII Rule 11 CPC for rejection of plaint
already filed on behalf of defendant.
An application under order VIII Rule 1 CPC for
condonation of delay in filing the written statement already filed
on behalf of defendant.
Arguments on the application for codnnation of
delay in filing the written statement are heard. Record perused.
It is submitted on behalf of defendant that the
defendant received the summons on 08.10.2025 but the
defendant being lady was unaware about the limitation period
and contacted the counsel after lapse of 30 days. That the
applicant/defendant faced difficulties in compiling the relevant
documents and records. That the delay in filing the written
statement is neither intentional nor deliberate. That the defendant
shall suffer irreparable loss, in case the delay is not condoned and
written statement is not taken on record. It is prayed that the
delay in filing the written statement may kindly be condoned and
written statement may kindly be taken on record.
The application is strongly opposed by Ld.counsel
for plaintiff.
-- 1 of 2 --
2.
31 CS (COMM.) 286/24
The defendant was served through process server on
16.10.2025 and the written statement alongwith statement of
truth and affidavit of admission/denial of documents has been
filed on 14.03.2026(e-filed on 04.02.2026). The written statement
on behalf of defendant has been filed at the last minute, with the
delay of 82 days but within the outer limit of 120 days.
In the application for condonation of delay, it is
stated that the defendant being a lady was unaware about the
limitation period and contacted the counsel after lapse of
limitation period of 30 days.
It is relevant to note that in the present case the
summons for settlement of issues were issued to the defendant
and it has been specifically mentioned in the summons that the
defendant is required to file written statement of defence within
30 days from the date of service/receipt of summons. It is not out
of place to mention that Ms. Sunita Devi, is the Proprietor of
defendant firm which is a business entity.
Taking into consideration the submissions made, the
application under order VIII Rule 1 CPC for condonation of
delay moved on behalf of defendant is allowed subject to the cost
of Rs.30,000/- to be paid to the plaintiff. The written statement is
taken on record, subject to the payment of cost.
Be put up for payment of cost/consideration on
13.10.2026.
( Devender Kumar Jangala )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
16.07.2026
-- 2 of 2 --