M/S HITACHI PAYMENTS SERVICES PVT LTD & ANR. vs SH. SHREYANS JAIN & ANR.

Judgment text excerpt

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19.02.2025 + FAO (COMM) 251/2024 M/S HITACHI PAYMENTS SERVICES PVT LTD & ANR. .....Appellants Through: Mr. Vinod Kumar, Adv. versus SH. SHREYANS JAIN & ANR. .....Respondents Through: Mr. Abhishek Gupta, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL) CM APPL. 76060/2024 1. This application has been filed by the Appellants, seeking a condonation of delay of 117 days in filing the present Appeal. 2. The delay is condoned and the application is allowed. FAO (COMM) 251/2024 & CM APPL. 76059/2024 3. This Appeal has been filed by the Appellants, challenging the Order dated 29.05.2024 passed by the learned District Judge, Commercial Court, New Delhi, Rohini (Trial Court) in CS(COMM) 237/2023, whereby the application filed by the Appellants under Section 8 of the Arbitration and Conciliation Act, 1996 (in short, ‘the Act’) has been dismissed. 4. The learned counsel for the Respondents submits that the application filed by the Appellants itself was not maintainable before Signature Not Verified Digitally Signed FAO (COMM) 251/2024 Page 1 of 6 By:NEELAM Signing Date:24.02.2025 15:49:33 the learned District Judge inasmuch as the Appellants had been duly served with the summons of the suit on 20.07.2023, and being a commercial suit of a specified value, the maximum period for filing the written statement including the period by which the delay in filing the same can be condoned, being 120 days of the receipt of the summons, had expired on 18.11.2023. The right of the Appellants to file the defence was consequently struck of by the learned Trial Court vide Order dated 22.12.2023. He submits that in view of the law laid down by this Court in SPML Infra Ltd. vs. Tri