Delhi High Court - Orders
M/S Jai Ambey Engn. Works vs M/S Vos Technologies on 28 July, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~12
* IN THEHIGH COURTOF DELHIAT NEW DELHI
+ FAO (COMM) 184/2025 & CM APPL. 42619/2025 CM APPL.
42620/2025 CM APPL. 42621/2025
M/S JAI AMBEY ENGN. WORKS .....Appellant
Through: Mr. Akhilesh Kumar Pandey and Ms.
Kalyani Arora, Advs.
versus
M/S VOS TECHNOLOGIES .....Respondent
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE SHAIL JAIN
ORDER
% 28.07.2025
1. This hearing has been done through hybrid mode. CM APPL. 42619/2025 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. FAO (COMM) 184/2025 &CM APPL. 42620/2025(for stay), CM APPL. 42621/2025 (for delay)
3. The present appeal has been filed by the Appellant-M/s Jai Ambey Engn. Works under Section 13 of the Commercial Courts Act, 2015 inter alia assailing the order dated 29th April, 2025 passed in CS (COMM.) No. 439/2023 titled M/s Vos Technologies v. M/s Jai Ambey Engineering Works.
4. Vide the impugned order, the application under Order IX Rule 13 CPC filed by the Appellant has been dismissed by the Commercial Court. The relevant portion of the impugned order is extracted hereunder:
"I have considered the law laid down in the aforesaid judgments and I am in respectful agreement thereof, however, the facts of 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 29/07/2025 at 21:55:42 the present case are totally different. In this case, admittedly the JD/defendant/applicant was served on 18.09.2023 and even till expiry of 120 days, the written statement in the matter was not filed. As such, in view of the law laid down by Hon'ble Supreme Court of India in case reported as, "Civil Appeal No.1638/2019)", titled as, "M/s SCG Contracts India Pvt. Ltd. V/s K.S Chamankar Infrastructure Pvt. Ltd. & Ors." (DOD:
12.02.2019), this Court had no alternative but to strike off defence of the applicant and consequently judgment dated 04.05.2024 was passed in terms of the provisions of Order VIII Rule 10 CPC. The applicant has miserably failed to specify any facts/circumstance(s) which prevented it from appearing before the Court during the subsistence of suit. The application being meritless accordingly stands dismissed."
5. The case of the Appellant was that on the date when the decree was passed i.e., 4th May, 2024, the dispute between the parties was already before the Micro, Small and Medium Enterprises ('MSME') Tribunal and the Respondent, thereafter, chose to file the present commercial suit in which, unfortunately, it is stated that despite obtaining signatures from the client, the Counsel did not file the written statement.
6. Issue notice in the appeal.
7. Let the Appellant deposit a sum of Rs.3 lakhs with the Registrar General of this Court by 15th September, 2025, subject to which the impugned judgment/decree dated 4th May, 2024 shall remain stayed. The execution proceedings shall remain stayed, subject to compliance of the above conditions.
8. It is noticed that the Appellant has only challenged the Order dismissing the application under Order IX Rule 13 CPC, the challenge also ought to have 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 29/07/2025 at 21:55:42 been raised in respect of the judgment/decree dated 4th May, 2024.
9. At this stage, ld. Counsel for the Appellant submits that she would amend the petition and add the challenge to the main judgment/decree as well. Court fee in respect thereof be also deposited by 15th September, 2025.
10. List before the Joint Registrar on 25th September, 2025.
11. List before Court on 11th November, 2025.
PRATHIBA M. SINGH, J.
SHAIL JAIN, J.
JULY 28, 2025 dj/rks 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 29/07/2025 at 21:55:42