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

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 2023. The right of the Appellants to file the defence was consequently struck of by the learned Trial Court