NEXT GEN PHARMA INDIA PRIVATE LIMITED THROUGH AUTHORIZED REPRESENTATIVE MR KANWALDEEP SINGH CHADHA & ANR. vs CD PHARMA INDIA PRIVATE LIMITED

Judgment text excerpt

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 129/2025 & CM APPL. 51255/2025 NEXT GEN PHARMA INDIA PRIVATE LIMITED THROUGH AUTHORIZED REPRESENTATIVE MR KANWALDEEP SINGH CHADHA & ANR. .....Appellants Through: Mr. Rajesh Yadav, Sr. Adv. with Mr. Vikas Arora and Ms. Radhika Arora, Advs. versus CD PHARMA INDIA PRIVATE LIMITED .....Respondent Through: Mr. Krishna Vijay Singh, Mr. Pradyuman Sewar and Ms. Pragya Sharma, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 08.09.2025 C. HARI SHANKAR, J. 1. The present appeal assails order dated 7 July 2025 passed by a learned Single Judge of this Court in OA 8/2019 in CS (COMM) 912/20181. OA 8/2019, in turn, assailed an order dated 18 December 2018, passed by a learned Joint Registrar of this Court, dismissing an application filed by the appellants, as the defendants in the suit, for condonation of delay in filing the written statement. 1 “the suit” hereinafter Signature Not Verified FAO(OS) (COMM) 129/2025 Page 1 of 13 Digitally Signed By:AJIT KUMAR Signing Date:11.09.2025 17:58:32 2. The learned Single Judge has, by the order under challenge, upheld the decision of the learned Joint Registrar, refusing to take the written statement of the appellants on record. 3. The learned Joint Registrar and the learned Single Judge have concurrently held that the written statement was filed beyond the maximum period of 120 days provided in the proviso to Order VIII Rule 12 of the Code of Civil Procedure 1908, as amended by the Commercial Courts Act 2015. Reliance has also been placed, by the learned Single Judge, on the judgment of the Supreme Court in SCG Contracts v K S Chamankar Infrastructure3. 4. Mr. Rajesh Yadav, learned Senior Counsel for the appellants, fairly d