Delhi High Court - Orders
M/S Arsh Stitch And Fit vs Manshu Arora on 10 November, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1861/2023, CM APPL. 58743/2023 & CM APPL.
58744/2023
M/S ARSH STITCH AND FIT ..... Petitioner
Through: Mr. Naveen Sehrawat, Advocate
versus
MANSHU ARORA ..... Respondent
Through: None.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 10.11.2023
1. This petition filed under Article 227 of Constitution of India impugns the order dated 17.10.2023 passed by the District Judge, (Commercial-11), Central District, Tis Hazari Courts, Delhi in CS (COMM) No. 159/2021, dismissing the Petitioner's application filed under Order VIII Rule 1 read with Section 151 of Code of Civil Procedure, 1908.
2. This Court would like to hear the Respondent before Proceeding with the matter.
3. The Petitioner is directed to re-serve a copy of this petition along with this order on the Respondent through courier, e-mail and speed post. In addition, through the counsel for the Respondent appearing before the Trial Court.
4. The learned counsel for the Petitioner states that the paper-book served on the Respondent on 10.05.2023 has missing pages and certain 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 13/11/2023 at 21:18:32 pages were illegible. He states that this issue was duly recognized by the Trial Court and, in this regard, he relies upon the order dated 17.07.2023 passed by the Trial Court. He states the complete paper book was supplied to the defendant on 17.07.2023.
5. He states that the written submission was filed thereafter on 25.09.2023, which is within 69 days from service. 5.1 He relies upon the judgment of Supreme Court in New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold storage (P) Ltd., (2020) 5 SCC 757, to contend that the limitation for filing the written statement would commence from 17.07.2023 in the facts of this case.
6. The Trial Court is requested to defer the hearing to a day after the date fixed in this matter. This direction shall continue until the next date of hearing only.
7. List on 18.12.2023 in first five (5) matters of advance list.
MANMEET PRITAM SINGH ARORA, J NOVEMBER 10, 2023/rk/aa 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 13/11/2023 at 21:18:32