ROHIT AGRAWAL vs M/S AMAZE SOLUTION & ORS.

Judgment text excerpt

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 01st April, 2025 + CM(M) 593/2025, CM APPL. 18760/2025 & CM APPL. 18761/2025 ROHIT AGRAWAL .....Petitioner Through: Mr. Ekansh Mishra with Mr. Sanat Garg, Advocates. versus M/S AMAZE SOLUTION & ORS. .....Respondent Through: Mr. Braj Bhushan Lal Karn, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a non-commercial regular suit. His right to file written statement has been closed for the reason that the written statement has not been filed within the stipulated period, reckoned from the date of service. 2. Learned counsel for defendant submits that though the defendant was duly served earlier, fact remains that the complete set of plaint was supplied to him on 26.12.2024. He submits that on 12.03.2025, noticing that written statement was not on record, his right to file written statement was closed. He submits that on that day itself, if permitted, he would have filed the written statement before the learned Trial Court. 3. Learned counsel for respondent/plaintiff appears on advance notice and submits that though there is no illegality in the impugned order, without prejudice to his rights and contentions and subject to imposition of reasonable cost, he would not oppose the present petition. 4. Learned counsel for the petitioner/defendant submits that he would file written statement within three days from today before the learned Trial Court and leaves it to the discretion of this Court to impose reasonable cost. He, Signature Not Verified Digitally Signed CM(M) 593/2025 1 By:SONIA THAPLIYAL Signing Date:02.04.2025 12:07:39 however, submits that on account of compelling personal reasons the written statement could not be filed and, therefore, the cost be n