ANIL SHARMA vs AJAY JAIN

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 pages 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3 962c6fb4835d435