Order 7

Order Details: COPY OF ORDER
Pdf Text: -1-
16CS (COMM)626/23
Jai Durga Traders Pvt Ltd Vs. Jitender Juneja
04.06.2024
Present: Sh. Munish Chhoker, Ld. Counsel for plaintiff
along-with Director/AR Sh. Hans Kumar Jain of the
plaintiff.
Sh. Manmohan Singh, Ld. Counsel for the
defendant.
The matter is fixed for hearing arguments u/s 5 of
the Indian Limitation Act r/w Order VIII Rule 1 r/w Section 151
CPC for seeking condonation of delay in filing the WS.
I have heard the ld. Counsels for the parties.
Sh. Manmohan Singh, Ld. Counsel for defendant
has submitted that he went to Saudi Arabia, as his son is residing
at there and after returning from there he fell ill in view of
change of the atmosphere and since, he was suffering from viral
fever and high temparature with breathing problems and since the
clear copies of certain documents were supplied to him by the
counsel for the plaintiff on 24.01.2024 and the WS has been filed
on 11.03.2024 and submitted that there is a delay of 17 days,
which is not intentional, but in view of ill health of counsel for
the defendant and prayed for condonation of delay in filing of the
written statement by way of allowing the application filed by the
defendant for seeking condonation of delay in filing of the WS.
On the other hand, Sh. Munish Chhoker, ld. Counsel
for the plaintiff has vehemently opposed this application and
submitted that the counsel for the defendant has pleaded in this
-- 1 of 3 --
-2-
application that in view of his ill health the written statement
could not be filed within 30 days and submitted that no medical
document has been placed on record to fortify such contention
nor ld. Counsel for defendant has filed any document to show
that he did not appear in any other court during those 17 days and
submitted that the plaintiff has filed the present suit for recovery
of Rs.41,03,517/- along-with interest and in the absence of any
cogent proof of ill health of the counsel for the defendant. This
application is devoid of merit and at the same time he has also
submitted that in case this court comes to the conclusion that
delay may be condoned of then it should be subject to the heavy
cost of Rs.50,000/-.
I have given thoughtful consideration to the
submissions made by the ld. Counsel for the parties and perused
the record.
The perusal of the record reveals that on dated
24.01.2024 the clear copies of certain pages were supplied to the
counsel for the defendant in the Court and the defendant was
directed by the predecessor of this Court to file the WS,
statement of truth and affidavit of admission/denial of the
documents within 30 days from that day. But, the defendant
failed to file the WS, statement of truth and affidavit of
admission/denial of the documents within 30 days from that day.
The written statement was filed by the defendant on 12.03.2024
along-with application for seeking condonation of delay. No
doubt, that ld. Counsel for the defendant has submitted that in
view of his ill health, the delay of 17 days has been caused in
filing of the written statement, but in order to fortify such
-- 2 of 3 --
-3-
contention, the ld. Counsel for the defendant did not file the
medical document. However, in the interest of justice, the
application seeking condonation of delay in filing the written
statement is allowed but subject to the cost of Rs.10,000/- to
be paid to the plaintiff by the defendant. The matter stands
adjourned for payment of cost as well as further proceedings on
09.07.2024.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
DELHI/04.06.2024
-- 3 of 3 --