OM FIRE SAFETY COMPANY PVT LTD vs UMAKANT

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21.11.2025 + CM(M) 2252/2025, CM APPL. 73217/2025 & 73216/2025 M/S OM FIRE SAFETY COMPANY PVT LTD .....Petitioner Through: Mr. Jatin Sapra and Ms. Jahanvi Paliwal, Advocates versus UMAKANT .....Respondent Through: Mr. Navneet Sharma, Advocate CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner/defendant has assailed order dated 17.10.2025 of the learned commercial court, whereby the Written Statement (which had earlier been taken on record subject to payment of cost), was taken off the record on account of non-payment of cost. Having heard learned counsel for petitioner/defendant, I do not find it a fit case to even issue notice. 2. It appears that in the commercial suit, the Written Statement was not filed by the petitioner/defendant in time. By way of order dated 07.08.2025, application of petitioner/defendant under Order VIII Rule 1 CPC was CM(M) 2252/2025 Page 1 of 4 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3 962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, KATHPALIA serialNumber=d3e86796451ec45c07b5d15570996b 40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.11.21 17:16:41 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:21.11.2025 17:25:03 allowed and delay in filing the Written Statement was condoned subject to payment of cost; and since the counsel for respondent/plaintiff submitted that he was not inclined to file replication, process of admission/denial of documents was taken up, but since neither the authorized representative nor the main counsel for petitioner/defendant was present, nor even the documents