Petition under Article 227 against orders closing the defendant's right to file a written statement in a commercial recovery suit. The High Court held service was made on 21.11.2024 but the right was closed after only 14 days, contrary to the statutory timeline. It set aside both impugned orders and permitted the written statement subject to costs.
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$~60
Through: Mr. Amit Kumar, Advocate.
versus
ARYA PUBLISHING COMPANY .....Respondent Through:
CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R
% 20.02.2025 CM APPL. 9438/2025 (exemption)
Allowed, subject to all just exceptions.
This application stands disposed of.
CM(M) 324/2025 & CM APPL. 9439/2025 (stay)
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:05:24
documents but the said application was dismissed with cost of Rs. 10,000/-. The trial Court observed that petitioner has failed to bring on record anything to show that the order dated 04.12.2024 was passed on account of some mistake or error apparent on the face of the record. According to the trial Court, the pleas taken in the application was sans any explanation. The trial Court was of the view that petitioner is not diligent enough and slept over the matter uptill the final stage.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:05:24
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:05:24
RAVINDER DUDEJA, J
FEBRUARY 20, 2025 /vd /ia
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:05:24
2 issues framed by the court
Whether the trial court could close the defendant's right to file written statement only 14 days after service in a commercial suit.
Whether the written statement filed with a delay of 29 days within the extended 90-day window should be taken on record.
5 provisions across 2 enactments
Mayank Adlakha
Arya Publishing Company
Ravinder Dudeja
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
