M/S UNILEC ENGINEERS LTD vs HPL ELECTRIC POWER LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 10.03.2025 Pronounced on: 06.06.2025 + CM(M) 1870/2024 & CM APPL. 8896/2024 STAY, CM APPL. 17549/2024 STAY M/S UNILEC ENGINEERS LTD .....Petitioner Through: Mr. Puneet Jaiswal, Advocate. versus HPL ELECTRIC POWER LTD .....Respondent Through: Mr. J.K. Srivastava, Advocate. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. The present petition under Article 227 of the Constitution of India is filed impugning the order dated 31.01.2024 passed by Learned District Judge (Commercial)-08 (Central), Tis Hazari Court, Delhi, in Civil Suit No. 3014 of 2019 titled HPL Electric & Power Ltd. vs M/s. Unilec Engineers Ltd. 2. Briefly stated, the facts which led to the filing of the present petition are that the Respondent, as Plaintiff, instituted Civil Suit No. 3014/2019 titled M/s HPL Electric & Power Ltd. vs. M/s Unilec CMM 1870/2024 Page 1 of 12 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:06.06.2025 12:49:04 Engineering Ltd. & Ors., seeking recovery of ₹28,18,062/-. The Petitioner, as Defendant, filed a written statement accompanied by an affidavit. However, it was not accompanied by the mandatory statement of truth and affidavit of admission/denial of documents and was also not signed on each page. Although no objection was initially raised by the Plaintiff in the replication, the Trial Court, vide order dated 04.07.2022, took note of these defects. Thereafter, the Plaintiff filed an application under Order VI Rule 15A CPC for striking off the written statement, which was allowed by the Trial Court on 19.04.2023. The said order was challenged by the Petitioner before this Court by way of CM(M) No. 990/2023, which was allowed on 17.08.2023, permitting the Petitioner to