SHIVA BUILDTECH PVT LTD & ORS. vs AGGCON EQUIPMENTS INTERNATIONAL PVT LTD & ORS.

Judgment text excerpt

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 13th April, 2026 + CS(OS) 56/2025 & O.A. 86/2026, I.A. 9988/2026 SHIVA BUILDTECH PVT. LTD. & ORS. .....Plaintiffs Through: Mr. Ramesh Kumar, Adv. Mob: 9540999465 Email: [email protected] versus AGGCON EQUIPMENTS INTERNATIONAL PVT. LTD. & ORS. .....Defendants Through: Mr. Santosh Kumar Chaurihaa, Adv. (Through VC) Mob: 9811193843 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL): O.A. 86/2026 & I.A. 9988/2026 1. The present chamber appeal has been filed under Rule 5 Chapter II of the Delhi High Court (Original Side) Rules, 2018, against the order dated 20th November, 2025, passed by the learned Joint Registrar (Judicial) in I.A. 18293/2025, whereby, the delay in filing the written statement by defendant nos. 1 to 3 was not condoned. 2. In the impugned order dated 20th November, 2025, the learned Joint Registrar (Judicial) has held as follows: “xxx xxx xxx 7. Perusal of record shows that the defendant nos. 1 to 3 were served with the summons of the suit through email by the Registry on 20.03.2025 and were also served through ordinary mode on 26.03.2025. Thereafter, the said defendants filed the written statement vide diary no.5063338 on 24.07.2025, which was returned under objection. Perusal of record further shows that the defendants have Signature Not Verified Digitally Signed Page 1 of 11 By:HARIOM SHARMA Signing Date:14.04.2026 19:31:58 filed their written statement after expiry of extended period of 120 days. Since the condonable period for filing written statement is already over, the captioned IA is dismissed. xxx xxx xxx” 3. Perusal of the aforesaid order shows that it is the clear finding of the learned Joint Registrar (Judicial) that the written statement of defendant nos. 1