Delhi High Court - Orders
M/S Hitachi Payments Services Pvt Ltd & ... vs Sh. Shreyans Jain & Anr on 13 February, 2025
Author: Navin Chawla
Bench: Navin Chawla
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 251/2024 & CM APPL. 76059-60/2024
M/S HITACHI PAYMENTS SERVICES PVT LTD & ANR.
.....Appellants
Through: Mr. Vinod Kumar, Adv.
versus
SH. SHREYANS JAIN & ANR. .....Respondents
Through: Mr. Abhishek Gupta, Adv.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
ORDER
% 13.02.2025
1. The learned counsel for the respondents submits that in the present case, the application filed by the appellants under Section 8 of the Arbitration and Conciliation Act, 1996 (in short, „the Act‟) itself was not maintainable inasmuch as the said application was filed by the appellants only on 23.02.2024, that is, much after the statutory period for filing of the defence had expired.
2. He submits that the appellants had been served with the summons of the suit on 20.07.2023. The maximum period for filing of the written statement, that is, 120 days, had expired on 18.11.2023, and the right of the appellants to file the defence was struck off on 22.12.2023 by an order passed by the learned Trial Court.
3. Placing reliance on the judgments of this Court in SPML Infra Ltd. vs. Trisquare Switchgears Pvt. Ltd., 2022 SCC OnLine Del 1914 and Ranjana Bhasin vs. Surender Singh, 2024:DHC:499-DB, he 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 20/02/2025 at 21:16:34 submits that the application under Section 8 of the Act, therefore, was not maintainable.
4. The learned counsel for the appellants prays for time to seek instructions and make submissions on the above issue.
5. List on 19th February, 2025 in "Supplementary List".
NAVIN CHAWLA, J SHALINDER KAUR, J FEBRUARY 13, 2025 SU/KP/IK Click here to check corrigendum, if any 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 20/02/2025 at 21:16:34