RANI ALANKAR JEWELLERS PRIVATE LTD. vs KUNDAN LAL AND SONS

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24th November, 2025 + RFA(COMM) 592/2025 RANI ALANKAR JEWELLERS PRIVATE LTD. (THROUGH ITS DIRECTORS), MAIN ROAD, ANPARA MARKET, SONBHADRA, U.P. – 231225 .....Appellant Through: Mr. Anuj Aggarwal and Mr. Atul Kumar, Advocates. Versus KUNDAN LAL AND SONS (THROUGH ITS PARTNERS), 1-D, KAMLA NAGAR, NEW DELHI — 110007 ....Respondent Through: Mr. Ashutosh Nagar, Mr. Ishan Harlalka, Ms. Prakriti Pande & Mr. Navtej Singh, Advocates CORAM: HON’BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON’BLE MR. JUSTICE ANISH DAYAL JUDGMENT (ORAL) NITIN WASUDEO SAMBRE, J. CM APPL. 73746/2025 (Exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. RFA(COMM) 592/2025, CM APPL. 73673/2025, CM APPL. 73745/2025 3. In a suit for recovery the summons was served through e-mail on 17th July 2025 whereas dasti was served on 23rd July 2025. Signature Not Verified Signed By:SURYAKANT YADAV RFA(COMM) 592/2025 Page 1 of 5 Signing Date:27.11.2025 15:07:43 4. The suit summons granted 30 days’ time to the appellant (original defendant/judgment-debtor) to submit his written statement within a period of 30 days. 5. Instead of waiting for the 30 days period to expire, the Commercial Court has passed a decree vide judgment dated 14th August 2025, and as such this appeal came to be filed. 6. Amongst others, the grounds canvassed by the appellant are that the time to file written statement shall start running from the date the suit summons was served on the appellant which, even if, reckoned from 17th July 2025 i.e. the date when service was effected through e-mail, expires on 16th August 2025. It is claimed that instead of waiting till completion of the said period, the dates were advanced by the Trial Court a