SH RISHABH KUMAR ANAND vs ATUL GUPTA

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th May, 2025 + CM(M) 1016/2025 & CM APPL. 33509-33510/2025 SH RISHABH KUMAR ANAND .....Petitioner Through: Mr. Sudhanshu Sikka with Mr. Ambrish Sharma, Ms. Nancy Thapar, Mr. Himanshu Maan, Ms. Anjali Mathur and Ms. Sonia Kumari, Advocates. versus ATUL GUPTA .....Respondent Through: Mr. Sunil Mittal, Advocate (through V.C.) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit which is commercial in nature. 2. Admittedly, he was served on 10.09.2024 and the written statement was filed by him on 28.11.2024. However, the written statement has been taken off the record merely for the reason that the application seeking condonation of delay had been filed belatedly i.e. beyond a period of 120 days. 3. In this regard, the learned Trial Court has, primarily, relied upon M/s OK Play India Pvt. Ltd. Vs M/s A P Distributors & Anr: 2021 SCC OnLine Del 4079, passed by this Court on 17.08.2021 in CM(M) 346/2020. However, it seems that the attention of the learned Trial Court was not drawn to the fact that the abovesaid judgment of this Court has already been set aside by the Hon’ble Supreme Court in A.P. Signature Not Verified Digitally Signed CM(M) 1016/2025 1 By:SONIA THAPLIYAL Signing Date:30.05.2025 16:08:11 Distributors and Another vs. OK Play India Pvt. Ltd.: 2022 SCC OnLine SC 1512 and the Hon’ble Supreme Court, in its order dated 12.09.2022, has observed as under:- "1. Leave granted. 2. Having heard learned counsel for the respective parties and in the facts and circumstances of the case and considering the fact that the written statement was filed on the 34th day of the service of notice of summons, however, the application for condonation of delay was filed which w