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Delhi High Court - Orders

Girnar Software Private Limited & Ors vs Cars24 Services Private Limited & Ors on 24 May, 2022

Author: Jyoti Singh

Bench: Jyoti Singh

                          $~4
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(COMM) 535/2020
                                GIRNAR SOFTWARE PRIVATE LIMITED & ORS...... Plaintiffs
                                            Through: Mr. Jayant Mehta, Senior Advocate
                                            with Mr. Sudeep Chatterjee, Mr. Rohan Swarup
                                            and Mr. Kiratraj Sadana, Advocates.
                                                   versus
                                CARS24 SERVICES PRIVATE LIMITED & ORS...... Defendants
                                             Through: Mr. Amit Sibal, Senior Advocate with
                                             Mr. Mohit Goel, Mr. Sidhant Goel, Mr. Deepankar
                                             Mishra, Mr. Aditya Goel and Ms. Harshita Verma,
                                             Advocates for D-1 and D-2.
                                CORAM:
                                HON'BLE MS. JUSTICE JYOTI SINGH
                                                   ORDER

% 24.05.2022 I.A. 4990/2021(seeking condonation of delay in filing written statement, by Defendant No.1)

1. Present application has been preferred on behalf of Defendant No.1 seeking condonation of delay of 75 days in filing the written statement.

2. It is averred in the application that 30 days for filing the written statement expired on 03.01.2022. Written statement was filed on 20.03.2022 but within the period of 120 days within which, delay can be condoned by the Court, on sufficient cause being shown.

3. Issue notice.

4. Mr. Sudeep Chatterjee, learned counsel accepts notice on behalf of the Plaintiffs and submits that he has no objection to the application being allowed.

CS(COMM) 535/2020 page 1 of 2 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:26.05.2022 12:13:16

5. For the reasons stated in the application, the same is allowed.

6. Delay is condoned.

7. Written statement is taken on record.

8. Application stands disposed of.

CS(COMM) 535/2020

9. Replication be filed by the Plaintiffs within a period of four working weeks, along with affidavit of admission/denial of documents filed by the Defendants.

10. If any of the parties wish to seek inspection of any document, the same shall be sought and given within the timelines.

11. List before the learned Joint Registrar on 04.08.2022. I.A. 428/2021(under Section 8 of Arbitration and Conciliation Act 1996, by Defendant No.1)

12. Issue notice.

13. Mr. Sudeep Chatterjee, learned counsel accepts notice on behalf of the Plaintiffs and seeks a period of three days to file reply.

14. Let the needful be done within a period of three days from today.

15. Rejoinder, if any, be filed within a period of two days thereafter.

16. List the application for hearing on 02.06.2022 along with I.A. 11394/2020 under Order 39 Rules 1 and 2 CPC.



                                                                                       JYOTI SINGH, J
                          MAY 24, 2022/shivam
                          CS(COMM) 535/2020                                                       page 2 of 2




Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:26.05.2022
12:13:16