EKRA DECOR PVT LTD vs ALLIED TUBES PVT LTD

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th March, 2025 + CM(M) 1/2025 & CM APPL. 34/2025 EKRA DECOR PVT LTD .....Petitioner Through: Mr. Monis Khan with Mr. Asad Iqbal and Mr. Abuzar, Advocates. versus ALLIED TUBES PVT LTD .....Respondent Through: Ms. Jagriti Jain, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The issue raised in the present writ petition is very short and precise. 2. Petitioner is defending a commercial suit. 3. The petitioner was served with the summons of suit on 08.06.2024 and, admittedly, the written statement was filed by him within the permissible outer limit i.e. on 04.09.2024. 4. However, since the written statement filed by the defendant was not strictly in terms of the requirements contemplated under Commercial Courts Act and Rules framed thereunder, the learned Commercial Court permitted him to file it afresh. 5. The written statement was, though, filed again but it seems that the Signature Not Verified Digitally Signed CM(M) 1/2025 1 By:SONIA THAPLIYAL Signing Date:18.03.2025 19:39:06 petitioner did not remove the infirmities and objections as pointed out earlier and, therefore, the learned Commercial Court, by virtue of order dated 27.11.2024, while dismissing the application moved under Order VIII Rule 1 read with Section 151 CPC, declined to take the written statement on record. 6. Learned counsel for the respondent/plaintiff submits that the conduct of the defendant is negligent and for the reasons best known to the defendant, despite being specifically pointed out by the learned Trial Court, the objections were not removed and the written statement was filed again without doing the necessary corrections and modifications in terms of the specific provisions under Commercial Courts