JASMIT SINGH vs OMKARA TRANSPORT PRIVATE LIMITED & ORS.

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th May, 2025 + CM(M) 2265/2024 & CM APPL. 34310-34311/2025 JASMIT SINGH .....Petitioner Through: Mr. Abhay, Advocate. versus OMKARA TRANSPORT PRIVATE LIMITED & ORS. .....Respondent Through: Mr. Varun Gupta with Ms. Richa Mishra, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The next date in the present matter is 29.08.2025. 2. The present application has, however, been filed by the petitioner who seeks direction to learned Trial Court to not, finally, dispose of the suit in question, as else the present petition might become infructuous. 3. Learned counsel for respondent/plaintiff has also appeared on advance notice. 4. This Court has gone through the various important facets of the case. 5. The petitioner herein (defendant No.4 before the learned Trial Court) was proceeded against ex-parte and, when he filed an application under Order VIII Rule 10 CPC, the learned Trial Court allowed his such application on 13.01.2023 and granted him two weeks time to file written statement. . 6. There was a specific direction that such written statement be filed, positively, with advance copy to the opposite side. 7. It seems that such direction was taken in a very casual manner by defendant No.4 as the written statement was filed by him on 28.04.2023 i.e. after more than a period of three months, reckoned from 13.01.2023 when the Signature Not Verified Digitally Signed CM(M) 2265/2024 1 By:SONIA THAPLIYAL Signing Date:30.05.2025 16:25:44 Court had, merely, granted him time of two weeks. 8. The sole grievance from the side of petitioner is that, since he was not, otherwise, served in the above suit and, since even the learned Trial Court had recorded a specific observation to said effect,