Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 594/2024
CNR No.DLNW010092522024
SARWAN KUMAR
Vs.
GTL INFRASTRACTURE LTD
22.09.2026
Present: Sh.Devender Singh, Ld. Counsel for plaintiff.
Sh.Sidhabhati Darshit, Ld. Counsel for defendant
through video conferencing.
Copy of email dated 24.01.2025 sent by the
defendant to his counsel and screenshot of the filing portal
showing e-filing of written statement on 03.04.2025 on behalf of
defendant filed.
Further arguments on the application for
condonation of delay in filing the written statement are heard.
Record perused.
It is stated in the present application for condonation
of delay that there is delay of 50 days in fiilng the written
statement. It is stated that since the matter in issue involves
technical expertize on functioning of telecom commection and
the counsel required certain clariffications and information,
which took considerable time causing delay in filing the written
sttement. 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.
On the other hand application is strongly opposed by
Ld.counsel for plaintiff.
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CS (COMM.) 594/2024
I have considered the submissions made by
Ld.counsel for parties and perused the material on record.
The summons issued to the defendant were not
received back. However, on 21.05.2025, Ld.counsel for
defendant put the appearance. It is stated that there is delay of 50
days after the statutory period of 30 days, in filing the written
statement. The said fact is not disputed by Ld.counsel for
plaintiff. The written statement on behalf of defendant has been
filed beyond the limitation period of 30 days but within the outer
limit of 120 days. The Hon’ble Supreme Court of India, in Civil
Appeal No.1638/2019, in case titled as ‘M/s SCG Contracts India
Pvt. Ltd. Vs. K.S. Chamankar Infrastructure Pvt. Ltd & Ors’,
dated 12.02.2019, has been pleased to held as under:-
“A perusal of these provisions would show
that ordinarily a Written Statement is to be filed
within a period of 30 days. However, grace period of
a further 90 days is granted which the Court may
employ for reasons to be recorded in writing and
payment of such costs as it deems fit to allow such
Written Statement to come on record. What is of great
importance is the fact that beyond 120 days from the
date of service of summons, the defendant shall
forfeit the right to file the Written Statement and the
Court shall not allow the Written Statement to be
taken on record. This is further buttressed by the
proviso in Order VIII Rule 10 also adding that the
Court has no further power to extend the time beyond
this period of 120 days”.
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
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3.
CS (COMM.) 594/2024
of Rs.10,000/- to be paid to the plaintiff. The written statement is
taken on record, subject to the payment of cost.
Replication filed by the plaintiff is also taken oin
record.
Be put up for arguments on the application under
Section 8 of the Arbitration and Conciliation Act on 03.12.2026.
( Devender Kumar Jangala )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
22.09.2026
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