Delhi High Court
Managing Committee The Delhi ... vs Asian Enterprises & Anr. on 8 December, 2022
Neutral Citation Number 2022/DHC/005468
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 08.12.2022
+ CM(M) 1205/2022 & CM APPL. 48371/2022
MANAGING COMMITTEE THE DELHI UNIVERSITY CO-
OPERATIVE STORE LTD & ANR. ..... Petitioners
versus
ASIAN ENTERPRISES & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mohammad Ali, Advocate with Mr. Manoj
Goswami and Ms. Prachi Gupta, Advocates.
For the Respondents : Mr. Randhir Kumar, Advocate for R-1.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
1. With the consent of parties, the present petition is taken up for final
disposal.
2. Learned counsel appearing for the petitioner impugns the order
dated 15.09.2022, whereby the right to file the written statement on behalf
of defendant Nos. 1 to 3, before the learned Trial Court, was forfeited.
3. Vide the same order the learned Trial Court had listed the matter
further for plaintiff's evidence and simultaneously, permitted the
defendants to cross examine the witnesses on very limited rights.
4. Mr. Randhir Kumar, learned counsel appears for the respondents
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
12:46:11
Neutral Citation Number 2022/DHC/005468
submits that subsequent to the impugned order, the petitioner herein filed
an application seeking extension of time to take the written statement on
record, which is still pending adjudication and, no orders have been passed
thereon.
5. Learned counsel appearing for the respondents submits that he
would have no objection, if the pending application is taken up for hearing
and decided on its own merits. Learned counsel appearing for the
petitioner is also agreeable to that.
6. In view the above, the impugned order, whereby the learned Trial
Court has directed forfeiture of the rights of the petitioners to file their
written statement is set aside.
7. Since it is informed that on the date when the impugned order was
passed, the statutory time period for condonation of delay in filing the
application under the provisions of Commercial Courts Act, 2015, was
still open to the petitioners and coupled with the fact that an application
for seeking extension of time was also filed subsequently and is pending,
this Court is of the opinion that the interest of justice would be sub-served
in directing the learned Trial Court to take up the application seeking
extension of time for filing the written statement and decided on its own
merits.
8. It is further informed that the next date before the learned Trial
Court is fixed for 12.12.2022. It is requested that the learned Trial Court
takes up the application seeking extension of time and decide the same on
its own merits, in accordance with law.
9. In view of the above directions, the petition is allowed and disposed
of, subject to costs of Rs. 10,000/- to be paid to the respondent by the
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
12:46:11
Neutral Citation Number 2022/DHC/005468
petitioner within two days. This is without prejudice to the rights and
contentions of the petitioners.
10. Petition is disposed of in the above terms.
TUSHAR RAO GEDELA, J
DECEMBER 08, 2022/nd
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
12:46:11
