M S GOLF INTERNATIONAL vs M/S KARSHIVNIK INTERNATIONAL PVT LTD

Judgment text excerpt

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 2ndApril, 2025 + CM(M) 529/2025& CM APPL. 16600/2025 M S GOLF INTERNATIONAL .....Petitioner Through: Mr. Yashaswi S.K. Chocksey with Mr.Ankit Singh, Mr. Vijay Rajput and Mr. Praveen Jaiswal, Advocates. versus M/S KARSHIVNIK INTERNATIONAL PVT LTD .....Respondent Through: Ms. Ankita Baluni, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point raised in the present petition is very short and precise. 2. Admittedly, a commercial suit has been filed by M/s Karshivnik International Pvt. Ltd. (respondent herein). 3. Opportunity to file written statement has already been closed and defence of the defendant/petitioner has also been struck off. 4. Fact remains that when such commercial suit was taken up by the learned Trial Court on 18.02.2025, it considered one application moved by plaintiff whereby it sought permission to place on record additional documents and the learned Trial Court, observing that since the opportunity to file written statement had been closed, did not think it appropriate to even issue notice of the abovesaid application to the defendant/ petitioner. It was of the view that no prejudice would be caused to the defendant as its right to file written statement had already been closed and after hearing arguments on the abovesaid application, the same was allowed subject to cost, which was directed to be deposited with Advocate Welfare Fund. 5. The grievance in the present petition is merely to the effect that even if Signature Not Verified Digitally Signed CM(M) 529/2025 1 By:SONIA THAPLIYAL Signing Date:03.04.2025 13:30:21 the defence of the defendant had been struck off and its right to file written statement had been closed, it should still have been given an o