M/S SHELLZ INDIA PVT. LTD. vs M/S HBD PACKAGING PVT LTD

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25th March, 2025 + CM(M) 2634/2024 & CM APPL. 30698-30700/2024 & CM APPL. 35234/2024 M/S SHELLZ INDIA PVT. LTD. .....Petitioner Through: Mr. Namit Suri with Ms. Surabhi Sinha and Ms. Purnima Singh, Advocates. versus M/S HBD PACKAGING PVT LTD .....Respondent Through: Mr. Mayank Gupta with Mr. Siddhant Rai Sethi, Ms. Srishti Jain and Mr. Hira Lal, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Respondent instituted a commercial suit before learned District Judge (Commercial Court), Rohini, Delhi. 2. Admittedly, the defendant, in the abovesaid commercial suit, had been served on 20.11.2023 and 22.11.2023. 3. The written statement was filed by defendant on 19.03.2024, which is stated to be within the outer permissible limit of 120 days. Learned counsel for respondent/plaintiff does not dispute the same. 4. As per record, defendant had appeared before learned Commercial Court on 27.02.2024 and learned Commercial Court had Signature Not Verified Digitally Signed CM(M) 2634/2024 1 By:SONIA THAPLIYAL Signing Date:26.03.2025 15:53:42 granted defendant some indulgence by observing that since 120 days period was yet to elapse, the defendant would be at liberty to move appropriate application, seeking condonation of delay in filing of written statement. Fact, though, remains that defence of the defendant had been struck off on 27.02.2024 itself as defendant had not filed written statement within the initial prescribed period of thirty days. 5. Learned counsel for respondent/plaintiff submits that he does not want any further delay in the matter and since filing of written statement is within the prescribed outer limit of 120 days reckoned from the last service, he would not oppose the pres