Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8
CS (COMM.) 636/25
M/s Absound Overseas Through SPA Bimal Kishore Sharma
Vs.
M/s Ridhi Construction
16.05.2026
Present: Sh. Puneet Kumar, Ld. Counsel for plaintiff.
Ms. Chanchal, Ld. Counsel for defendant.
(
Through VC)
Written Statement along with Statement of Truth,
affidavit of admission/denial of documents and application under
Order VIII Rule 1 r/w Section 151 CPC seeking condonation of delay
in filing written statement, on behalf of defendant filed on 11.03.2026.
An appliation under Section 8 of the Arbitration and
Conciliation Act filed on behalf of defendant on 11.03.2026.
Reply to the application under Section 8 of the
Arbitration and Conciliation Act and application under Order VIII
Rule 1 CPC filed on behalf of plaintiff.
It is submitted by Ld. counsel for defendant that on
13.01.2026, defendant received the summons of the suit. That the
marriage function of the daughter of the Ld. counsel for the defendant
namely Sh. Pradeep Mishra was fixed in Village Navada, Prayagraj. It
is stated that to make the necessary arrangements the Ld. counsel for
the defendant left for his hometown on 30.01.2026 and after the
function, came to Delhi on 21.02.2026. That unfortunately thereafter,
the defendant was confined to bed due to injury in right ankle from
23.02.206 till 08.03.2026. That due to the said medical condition and
restricted mobility, the defendant was unable to coordinate with his
counsel. That the delay in filing the written statement is neither
deliberate nor intentional, but purely due to circumstances beyond the
control of the defendant. It is prayed that the delay in filing the written
statement may kindly be condoned.
Contd.. P/2
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It is argued by Ld. counsel for plaintiff that the delay
mentioned in the application is not correct. That there is delay of 26
days in filing the written statement. That the medical certificate relied
upon by the defendant is wholly unreliable. It is stated that mere filing
of a bald and unsupported medical certificate, without any
corroborative medical documents, does not constitute ‘sufficient
cause’ to allow the present application. It is prayed that the application
may kindly be dismissed.
Heard. Record perused.
There is no inordinate delay in filing the written
statement. The written statement has been filed by the defendant
within the outer limit of 120 days. The defendant is able to prima facie
show a ‘sufficient cause’ for non filing of written statement within the
period of 30 days. In view of submissions made on behalf of
defendant, the application under order VIII Rule 1 CPC r/w Section 5
of Limitation Act r/w Section 151 CPC, moved on behalf of defendant
is allowed, subject to the cost of Rs.5,000/- to be paid to the plaintiff.
Written statement is taken on record.
Replication, if any, be filed within stipulated period with
advance copies to be supplied to the other party.
Put up for arguments on application under Section 8 of
the Arbitration and Conciliation Act on 11.08.2026.
( Devender Kumar Jangala )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
16.05.2026
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