HARISH KUMAR vs YATENDER ARORA & ORS.

Judgment text excerpt

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14th August, 2025 + CM(M) 1263/2025 & CM APPL. 42244-42245/2025 HARISH KUMAR .....Petitioner Through: Mr. Amit Alok & Mr. Saurav Prakash, Advs. alongwith petitioner in person. versus YATENDER ARORA & ORS. .....Respondents Through: Mr. Mohit Batra & Mr. Saket Gakhar, Advs. alongwith R-1 in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The matter could not get settled and a report to that effect has also been received from Delhi High Court Mediation and Conciliation Centre. 2. The prime grievance of petitioner/defendant is to the effect that he had already submitted written statement through e-filing module on 08.04.2025 and that he could not draw the attention of the abovesaid vital fact to the learned Trial Court. 3. The date of service of summons is 09.01.2025. 4. As per the impugned order, the written statement filed by petitioner/defendant has not been taken on record as it had been filed after 128 days, reckoned from the date of service. Learned Trial Court, reckoned such period as per the date on which hard copy was submitted. 5. It was in the abovesaid backdrop that his right to file written statement was closed and his defence was struck off by learned District Judge, Commercial Court-02 on 17.05.2025. Signature Not Verified Digitally Signed CM(M) 1263/2025 1 By:DINESH CHANDRA Signing Date:18.08.2025 18:00:27 6. Such order is under challenge. 7. During course of arguments, learned counsel for petitioner reiterated that there is some typographical error in the prayer made in the present petition and the sole endeavour of petitioner herein is to seek relief in context of order dated 17.05.2025 whereby his defence was struck off and written statement was not taken on record.