AAJ SUPPLY CHAIN MANAGEMENT PVT. LTD. FORMERLY KNOWN AS AAJ ENTERPRISES PRIVATE LIMITED vs SKYLARK EXPRESS (DELHI) PVT. LTD

Judgment text excerpt

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17.09.2025 + CM(M) 1827/2025, CM APPL. 58843/2025 & CM APPL. 58842/2025 AAJ SUPPLY CHAIN MANAGEMENT PVT. LTD. FORMERLY KNOWN AS AAJ ENTERPRISES PRIVATE LIMITED .....Petitioner Through: Mr. Mohit Aggarwal and Ms. Pooja Saini, Advocates. versus SKYLARK EXPRESS (DELHI) PVT. LTD .....Respondent Through: Ms. Snigdha Singh, Advocate. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. Petitioner has assailed order dated 14.07.2025 of learned Commercial Court, whereby application filed by petitioner under Order VIII Rule 1 CPC was dismissed. 2. From the impugned order it appears that on 19.06.2024, summons of the suit were served on the petitioner/defendant, but he filed the Written Statement on 05.11.2024 along with an application under Order VIII Rule 1 CM(M) 1827/2025 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=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4 835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd 2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.09.17 14:32:07 -07'00' Digitally Signed By:NEETU N NAIR Signing Date:17.09.2025 15:03:16 CPC, explaining that on 03.09.2024, when on service of summons counsel for petitioner/defendant appeared in the trial court, the learned Judge being on leave, Ahlmad of the court recorded his plea that the copy of plaint and annexures were illegible and counsel for the present respondent/plaintiff assured to supply a legible copy. But the legible copy was supplied only on 05.10.2024 and the Written Statement was filed on 05.11.2024. Learned trial court took a view that it is t