Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)714/2025
CNR No.DLNW010110322025
WET AND DRY PERSONAL CARE PVT LTD
Vs.
LS SHOPEE THROUGH ITS PROPRIETOR MS SWARN
LATA
06.10.2026
Present: Sh.Shiv Kumar Yadav, Ld. Counsel for plaintiff
through video conferencing.
Sh.Pankaj Kumar, Ld. Counsel for defendant
through video conferencing.
Written statement alongwith statement of truth,
affidavit of admission/denial of documents, lilst of documents,
vakalatnama and an application for condonation of delay in filing
the written statement on behalf of defendant already filed on
29.07.2026.
Arguments on the application for condonation of
delay in filing the written statement are heard. Record perused.
It is stated in the present application that the plaint
and accompanying documents were supplied electronically to the
defendant on 08.06.2026 and and the initial 30-day period
expired on 08.07.2026. The written statement was filed on
29.07.2026. that the delay has occasioned as the defendant was
required to trace, retrieve and reconcile old business and
financial records pertaining to transactions of the years 2022–
2023. That the defendant's earlier business, M/s LS Shopee, had
already been closed and the relevant records were not readily
available at one place. The defendant was required to obtain and
examine her Bank of Baroda statements, trace invoices relating
to goods returned to the plaintiff, retrieve electronic invoices and
porter booking records, and reconcile the same before preparing
her defence. It is stated that the delay is bona fide and neither
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CS (COMM.)714/2025
intentional nor deliberate, and that no prejudice would be caused
to the plaintiff if the delay is condoned. 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 it is argued by Ld.counsel for
plaintiff that since the written statement has been filed within the
outer limit of 120 days, he is having ‘no objection’ if the written
statement is taken on record subject to imposition of heavy cost.
I have considered the submissions made by
Ld.counsel for parties and perused the material on record.
The perusal of the record reveals that the summons
issued to the defendant were received back unserved. However,
Ld.counsel for the defendant put the appearance on 08.06.2026.
Ld.counsel for the plaintiff was directed to supply the copy of
plaint and documents and the defendant was directed to file
written statement as per provisions of Commercial Courts Act.
The written statement on behalf of defendant has been filed on
29.07.2026. 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
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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 for condonation of delay moved on behalf of
defendant is allowed subject to the cost of Rs.5,000/- to be paid
to the plaintiff. The written statement is taken on record, subject
to the payment of cost.
Replication be filed by the plaintiff as per provisions
of Commercial Courts Act.
Let proposed issues and details of proposed
witnesses, alongwith brief stating relevance of witnesses in their
case, in not more than two pages, be filed and copies of the same
be exchanged in advance.
Be put up for consideration on issues and case
management hearing on 17.12.2026.
( Devender Kumar Jangala )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
06.10.2026
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