ADESH KUMAR GUPTA vs SUNIL BANSAL & ANR.

Judgment text excerpt

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 15th JANUARY, 2026 IN THE MATTER OF: + CS(OS) 464/2023 ADESH KUMAR GUPTA .....Plaintiff Through: Mr. Manish Kaushik, Mr. Vikas Ashwani, Mr. Mainak Sarkar, Advs. versus SUNIL BANSAL & ANR. .....Defendants Through: Mr. Arun Kumar Varma, Sr. Adv with Mr. Abhishek Kumar, Ms. Twinkle Kataria and Mr. Shubham Singh, Advs. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) I.A. 39861/2024 1. Learned Counsel appearing for the Plaintiff seeks permission to withdraw the present application. 2. Permission, as sought for, is granted. 3. The application is disposed as withdrawn. O.A. 127/2024 1. The present Chamber Appeal under Rule 5 Chapter II of the Delhi High Court (Original Side) Rules, 2018 has been filed by Defendants against the Order dated 23.07.2024 passed by the Ld. Joint Registrar. 2. By way of the Order dated 23.07.2024, the Ld. Joint Registrar dismissed the application filed by the Defendants seeking condonation of Signature Not Verified Signed By:HARIOM CS(OS) 464/2023 Page 1 of 45 SINGH KIRMOLIYA Signing Date:30.01.2026 18:54:51 delay in filing the written statement. 3. On 06.12.2023, summons was issued to the Defendants, on which date, the Defendants were present in Court. Thus, taking 06.12.2023 as the terminus a quo for calculating the limitation period, the written statement ought to have been filed on or before 05.01.2024. 4. Material on record indicates that the written statement was filed along with an application for condonation of delay of 99 days in filing the same. 5. Reference, in this regard, is made to Rules 2 & 4 of Chapter VII of the Delhi High Court (Original Side) Rules, 2018, which lay down the period of limitation for filing the written statement and the same is being repro