M/S PARSVNATH DEVELOPERS LTD vs M/S SKYLARK BUILDTECH LTD & ANR

Judgment text excerpt

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09th April, 2025 + CM(M) 736/2019 & CM APPL. 22292/2019 M/S PARSVNATH DEVELOPERS LTD .....Petitioner Through: Mr. Arpit Dwivedi, Advocate (through V.C.) versus M/S SKYLARK BUILDTECH LTD & ANR .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defendant No.1 before the learned Trial Court and is defending a civil suit which seeks recovery of Rs.28,21,000/- with interest. 2. The point involved in the present petition is very short and precise. 3. As per petitioner/defendant No.1, though, it had received the summons of the suit on 12.04.2018 and pursuant to such receiving of summons, it also, immediately, appeared before the learned Trial Court without any delay i.e. on 26.05.2018, it was in no position to file any written statement as the complete copy of the plaint and documents had not been supplied to them. It is submitted that the complete set had not been sent along with the summons. It is contended that oral request in this regard was made to learned counsel for the plaintiffs/respondents also and despite the fact that he was made aware about the fact that the copies were deficient, the full set was not supplied to it. 4. Learned counsel for the petitioner does admit that, at no earlier point of time, defendant No.1 had moved any formal application in this regard before Signature Not Verified Digitally Signed CM(M) 736/2019 1 By:SONIA THAPLIYAL Signing Date:09.04.2025 20:39:16 the learned Trial Court requesting the Court to direct the plaintiffs/respondents to supply it with the complete set but according to him, whenever it appeared before the learned Trial Court, it made a verbal request in this regard. 5. Since the copies were not supplied