The High Court of Delhi allowed the delay in filing FAO(OS) 85/2016. The appeal against the Single Judge's order allowing time to file a written statement was dismissed as the delay did not stall the suit's progress.
Delay in filing and re-filing the appeal was condoned; the appeal challenging the Single Judge's order was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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M/S DIVINE SOURCING & ORS ..... Appellants
Through : Mr Subhash Chawla versus
SANJAY ANAND & ORS ..... Respondents Through : None
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA
% 18.03.2016 CM 9633/2016
Allowed subject to all just exceptions.
CM 9634-9635/2016
The delay in filing and re-filing the appeal is condoned.
These applications stand disposed of.
FAO(OS) 85/2016
This appeal has been filed against the order dated 11.12.2015 passed by a learned Single Judge of this Court in OA 200/2015, whereby the learned Single Judge allowed the said chamber appeal and set aside the order dated 20.03.2016 passed by the Joint Registrar, whereby the right of the plaintiff had been closed to file the written statement to the counter-claim of the defendants/ appellants herein. The learned Single Judge, after considering the facts and circumstances of the case, was satisfied that there was proper explanation for the delay in the preparation of the written statement to the counter-claim. Having exercised this discretion, we are not inclined to interfere with the same particularly because the delay in the preparation of the written statement to the counter-
claim did not stall the progress in the suit. This is so because the defendant No.6 had not been served with the summons in the suit.
Consequently, we do not interfere with the impugned order. The appeal is
dismissed.
BADAR DURREZ AHMED, J
MARCH 18, 2016 SR
SANJEEV SACHDEVA, J
2 issues framed by the court
Whether the challenge to the Order of 11.12.2015 allowing time to file a written statement to a counter-claim should be interfered with.
Whether the condonation of delay in filing the appeal was justified.
M/S Divine Sourcing & Ors.
Sanjay Anand & Ors.
Badar Durrez Ahmed
Sanjeev Sachdeva
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
