VIDUSHI TYAGI vs MS CELESTIAL KNITS AND FAB PVT LT & ORS.

Judgment text excerpt

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07th August, 2025 + CM(M) 654/2025 & CM APPL. 20668-20669/2025 VIDUSHI TYAGI .....Petitioner Through: Mr. Mohd Amanullah with Ms. Kirti Shivhare and Mr. Azhar, Advocates. versus MS CELESTIAL KNITS AND FAB PVT LT & ORS. .....Respondent Through: Mr. Jawahr Goyal and Mr. O.N. Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Learned counsel for respondent appears pursuant to notice. 2. The suit in question has been filed by the respondent. 3. Admittedly, the summons of the suit were issued on 12.12.2024 and the defendant (petitioner herein) was served on 23.12.2024. 4. There was appearance from their side before the learned District Judge (Commercial Court) on 10.01.2025, when the learned Trial had directed them to file written statement within 30 days. 5. When the matter was taken up by the learned Trial Court on 27.02.2025, noticing that written statement had not been filed and that there was no request seeking extension of time either, the right to file written statement has been forfeited. 6. Such order dated 27.02.2025 is under challenge. Signature Not Verified Digitally Signed CM(M) 654/2025 1 By:DINESH CHANDRA Signing Date:08.08.2025 17:33:47 7. Interestingly, the defendant thereafter, filed written statement before the learned Trial Court on 20.03.2025 and also sought recalling of said order dated 27.02.2025. The abovesaid application was though taken up by the learned Trial Court on 24.03.2025 but it seems that such application has yet not been decided by the learned Trial Court. 8. The subsequent order-sheets brought by the learned counsel for respondent indicate that the evidence is being recorded and at one point of time, the parties were even referred for Mediat