TROPICAL INDUSTRIES INTERNATIONAL PVT LTD & ANR. vs VITTHAL CASHEW INDUSTRIES & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 28th January, 2026 Pronounced on: 06th February, 2026 + CS(COMM) 300/2025 & I.A. 8728/2025, I.A. 16196/2025, I.A. 23769/2025, I.A. 24120/2025 TROPICAL INDUSTRIES INTERNATIONAL PVT LTD & ANR. .....Plaintiffs Through: Ms. Sowmya Saikumar and Mr. Siddharth Vaid, Advs. Mob: 9891239259 Email: [email protected] Versus VITTHAL CASHEW INDUSTRIES & ANR. .....Defendants Through: Mr. Sahil Chandra, Adv. Mob: 9724017329 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT MINI PUSHKARNA, J. I.A. 24120/2025 1. The present application has been filed on behalf of the defendants under Order XXXVII Rule 3(7) read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking condonation of delay in filing application for leave to defend, in the present summary suit. 2. There is a delay of 49 days in filing the application seeking leave to defend, which has been explained by the defendants in the following Signature Not Verified Digitally Signed CS(COMM) 300/2025 Page 1 of 18 By:HARIOM SHARMA Signing Date:06.02.2026 17:09:33 manner: “xxx xxx xxx 5. That it is a respectful submission that there has been a delay of 49 days in filing the Application seeking Leave to Defend. It is submitted that such delay was neither intentional nor deliberate, and the Defendants required time to cull out the relevant details and documents so as to controvert the falsehoods and half-truths being perpetuated by the Plaintiffs. The Defendants most humbly crave leave of this Hon'ble Court to read the contents of the accompanying the Application seeking Leave to Defend for the purposes of the present Application, and the same are not being repeated herein for the sake of brevity and to avoid prolixity. 6. That