Delhi High Court - Orders
Acc Limited vs Acc India And Ors on 12 March, 2026
Author: Jyoti Singh
Bench: Jyoti Singh
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1179/2024
ACC LIMITED .....Plaintiff
Through: Mr. Kirtimaan Singh, Senior
Advocate with Mr. Ajay Singh, Mr. Amit Kumar,
Mr. Deepak Khandelwal, Ms. Twinkle Rai, Mr.
Mohak Gulati, Mr. Moulik Khurana and Mr.
Ritwik Shah, Advocates.
versus
ACC INDIA AND ORS .....Defendants
Through: Ms. Ramya Aggarwal and Mr. Arijit
Tiwari, Advocates for D-1 & D-2.
Ms. Amee Rana and Ms. Sana Banyal, Advocates
for D-6.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 12.03.2026 I.A. 21085/2025
1. This application is filed on behalf of Defendants No. 1 and 2 seeking condonation of delay of 97 days in filing the written statement.
2. Factual narrative to the extent necessary is that Defendant No. 1 was served with summons on 18.02.2025 and Defendant No. 2 was served on 14.02.2025. 30 days period of limitation for filing the written statement expired on 20.03.2025 and 16.03.2025, respectively. The maximum condonable period of 120 days expired on 18.06.2025 and 14.06.2025, respectively. Composite written statement was filed by the Defendants on CS(COMM) 1179/2024 Page 1 of 3 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 19/03/2026 at 20:33:29 21.06.2025.
3. Learned counsel for Defendants No. 1 and 2 submits that the delay be condoned as sufficient cause has been shown in the application for delay in filing the written statement. It is urged that the nature of proceedings is such that it involves complicated and factual issues and since Defendants are based in Bilaspur, it added to the difficulty for the Defendants to provide timely information to its counsel for drafting and filing the written statement. It is further urged that the condonable period of limitation expired during the vacations of this Court and as per settled law, if the written statement is filed on the first reopening day, the delay can be condoned. To support this plea reliance is placed on the judgment of the Division Bench of this Court in Paramjit Singh v. Hardaman Singh Anand and Others, 2025 SCC OnLine Del 5192.
4. Mr. Kirtimaan Singh, learned Senior Counsel appearing for the Plaintiff, fairly and candidly does not oppose the application in light of the judgment of the Division Bench considering that the written statement was filed on 21.06.2025, which was during the vacations.
5. Accordingly, the delay in filing the written statement is condoned and written statement is taken on record.
6. Application stands disposed of.
CS(COMM) 1179/2024
7. It will be open to the Plaintiff to file replication along with affidavit of admission/denial of documents filed by Defendants No. 1 and 2 within 30 days from today.
8. Learned counsel for Defendant No. 6 submits that there was no occasion for the said Defendant to comply with the order of the Court since CS(COMM) 1179/2024 Page 2 of 3 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 19/03/2026 at 20:33:29 the URLs in question were already inaccessible when the order was passed. In this light, deletion of Defendant No.6 is sought, to which there is no objection on behalf of the Plaintiff.
9. Accordingly, Defendant No. 6 is deleted from array of parties.
10. Amended memo of parties be filed within three weeks from today.
11. List before the learned Joint Registrar for further proceedings on 02.04.2026.
I.A. 49472/2024 (u/O XXXIX Rules 1 & 2 r/w Section 151 CPC)
12. List before Court on 22.05.2026.
13. Interim order to continue till the next date of hearing.
JYOTI SINGH, J MARCH 12, 2026/RW CS(COMM) 1179/2024 Page 3 of 3 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 19/03/2026 at 20:33:29