WALNUT PICTURES AND ORS vs RAJYESH PATNI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 13 December 2024 Pronounced on: 21 January 2025 + CM(M) 3575/2024 WALNUT PICTURES AND ORS .....Petitioners Through: Mr. Mohd. Umar and Mr.Kanav Madnani, Advocates. versus RAJYESH PATNI .....Respondent Through: Mr. Vishal Mann and Mr. Jayant Tewetia, Advocates. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. The present petition under Article 227 of the Constitution of India impugns the order dated 21.05.2024, passed by the learned District Judge, Commercial-06 (South East), Saket Court, New Delhi in CS (COMM) 409/2023, titled as, “Rajyesh Kumar Patni vs. Walnut Pictures & Ors”. 2. On 03.07.2023, the learned Trial Court issued directions for issuance of summons to the petitioners and the matter was adjourned for 03.10.2023. 3. On 03.10.2023, the attendance of counsel for petitioners stands recorded in the order-sheet of the date. Signature Not Verified Digitally Signed CM (M) 3575/2022 Page 1 of 14 By:SUNITA KUMARI Signing Date:21.01.2025 15:22:36 4. The petitioners did not file the Written Statement [hereinafter, “WS”], and therefore, on the next date i.e. 09.11.2023, the right of the petitioners to file the WS was closed in the light of law laid down by the Hon’ble Supreme Court in SCG Contracts India Pvt. Ltd. vs. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors. 5. Petitioners tried to file the WS alongwith supporting affidavit, statement of truth, affidavit of admission/denial and application for condonation of delay on 28.11.2023. After removal of defects marked by the Registry, fresh e-filing was done on 29.11.2023 and the hardcopy of WS was filed in learned Trial Court on 30.11.2023. 6. The respondent took objection that the right of petitioners to file the WS has already been clo