ANIL SHARMA vs AJAY JAIN

Judgment text excerpt

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30.10.2025 + CM(M) 2889/2024 & CM APPL. 38269/2024 ANIL SHARMA .....Petitioner Through: Mr. Bharat Bhushan, Advocate (through videoconferencing). versus AJAY JAIN .....Respondent Through: Mr. Sanjay Aggarwal, Advocate. CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner/defendant has assailed orders dated 23.08.2023 and 15.03.2024 of the learned Commercial Court. By way of order dated 23.08.2023, the Written Statement filed beyond the prescribed period was taken off the record as the same was not accompanied with any application explaining the delay in filing the Written Statement and seeking condonation thereof. By way of order dated 15.03.2024, the application under Section 5 of the Limitation Act filed on behalf of petitioner/defendant was dismissed. 2. Broadly speaking, the relevant circumstances are as follows. Summons of the commercial suit were served on the petitioner/defendant on 28.04.2023 but he filed the Written Statement on 18.07.2023, that too without any application explaining the circumstances, which led to delay in CM(M) 2889/2024 Page 1 of 6 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 Digitally Signed KATHPALIA Date: 2025.10.30 18:06:31 -07'00' By:NEETU N NAIR Signing Date:30.10.2025 18:14:07 filing the Written Statement, and seeking condonation of that delay. Therefore, the learned trial court directed the Written Statement to be taken off the record and adjourned the matter