ZENITH VIPERS SOLUTIONS PVT. LTD. vs JASMEET SINGH MARWAH

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15th May, 2025 + CM(M) 900/2025 & CM APPL. 29342-29344/2025 ZENITH VIPERS SOLUTIONS PVT. LTD. .....Petitioner Through: Ms. Harshita Aggarwal, Advocate. versus JASMEET SINGH MARWAH .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner seeks another opportunity to file written statement. 2. A very short point is involved. 3. A suit for recovery of Rs.54 lacs with interest was filed by respondent Mr. Jasmeet Singh Marwah, way back in the year 2018. 4. Admittedly, the petitioner herein, who is the sole defendant in said suit, was served with summons on 26.04.2018 and entered its appearance before the learned Trial Court on 02.05.2018. 5. According to the defendant, complete copy of the plaint had not been received by them. Fact remains that, instead of filing any written statement, they filed multiple applications. 6. These applications were under Order VII Rule 11 CPC, under Section 340 Cr.P.C., under Section 33, 35 and 38 of Indian Stamps Act, 1899 and Order VIII Rule 10 CPC. 7. Application moved under Order VII Rule 11 CPC was dismissed by the Signature Not Verified Digitally Signed CM(M) 900/2025 1 By:SONIA THAPLIYAL Signing Date:16.05.2025 15:37:52 learned Trial Court on 03.09.2019 and since its application under Order VIII Rule 10 CPC was also pending, learned Trial Court deemed it fit to grant defendant another 15 days time to file written statement. 8. During course of the arguments, learned counsel for the petitioner, in all fairness, submitted that in such application moved under Order VII Rule 11 CPC, they had simply taken objection to the effect that the suit had not been instituted by a duly authorized person. She also, very fairly, admits that