AMAR SEN & ANR. vs AJIT KUMAR SHARMA

Judgment text excerpt

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19th May, 2025 + CM(M) 272/2025 AMAR SEN & ANR. .....Petitioners Through: Mr. Vijay Kumar and Mr. Janme Jay, Advocates (through V.C.) versus AJIT KUMAR SHARMA .....Respondent Through: Mr. Vikram Gujral, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 30376/2025 (stay) 1. The matter has been taken up today as the petitioners have moved an application seeking stay of the proceedings. 2. Learned counsel for respondent/plaintiff has also appeared on advance notice. 3. With the consent of both the sides, the main petition has been taken up today itself. 4. The next date of 20.05.2025 stands cancelled. 5. The application stands disposed of. CM(M) 272/2025 6. The issue raised in the present petition is a very short one. 7. Respondent i.e. plaintiff filed a civil suit seeking injunction and damages. 8. Admittedly, the summons of the suit were received by the defendants Signature Not Verified Digitally Signed CM(M) 272/2025 1 By:SONIA THAPLIYAL Signing Date:21.05.2025 11:12:56 (petitioners herein) on 29.07.2024 and pursuant thereto, the appearance was also put by them before the learned Trial Court on 23.08.2024. 9. Admittedly, the defendants made a request for supplying legible copies of certain papers of the plaint and these were also, admittedly, supplied to them. 10. It is also admitted fact that written statement was filed by the defendants on 14.09.2024. Since there was delay in submitting such written statement, the plaintiff took objection that such written statement may not be taken on record and defendant be directed to file an application seeking condonation of delay. 11. The plaintiff also filed an application under Order VIII Rule 10 CPC praying for striking off the de