Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 15 MISC DJ 940/2025
MPCL INDUSTRIES LTD. VS. NAMAN ELECTRONIC THROUGH
PROPRIETOR RAJEEV JAIN
17.10.2026
Present : Sh. Vikash Kumar, Ld. counsel for plaintiff.
Ms. Apoorva Tripathi, Ld. counsel for defendant.
Ms. Meenu Sharma, Ld. counsel for defendant through V.C.
Written submissions filed on behalf of defendant with
respect to application u/o IX Rule 9 CPC and condonation of delay u/s 5
of Limitation Act. Copy supplied. Written arguments also filed on behalf
of plaintiff. Copy supplied.
Heard on the said applications. Record perused.
Ld. counsel for plaintiff submits that the suit was dismissed
in default on 21.05.2025. The applications under consideration have
been filed on 08.07.2025 as submitted.
Ld. counsel for defendant has submitted that the
applications may be allowed subject to heavy cost as there is no
plausible explanation given by the plaintiff for non-appearance on the
relevant date i.e. 21.05.2025. The case was at the stage of completion of
pleadings when the suit was dismissed in default.
In view of above submissions and in the interest of justice
and to decide the case on merits, the applications under consideration are
hereby allowed, however, subject to payment of cost of Rs.10,000/- (Rs.
Ten Thousand only) to be paid by plaintiff to defendant. Cost be paid
within ten days from today positively and receipt be furnished on record.
Both the applications stand disposed off accordingly. The suit is restored
to its original number and position subject to payment of cost.
Now, put up for consideration of the application u/o VIII
contd.p/2
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Rule 1 CPC of the defendant on 04.02.2027.
On request date changed to 06.02.2027.
(Manish Gupta)
District Judge (Commercial Court)-02
North-West/Rohini Courts/Delhi/17.10.2026
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