Delhi High Court - Orders
Rakesh Sachdeva vs Rajesh Sachdeva on 12 August, 2025
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~O-30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 344/2020
RAKESH SACHDEVA .....Plaintiff
Through: Mr.Rakesh Sachdeva (plaintiff in
person.)
versus
RAJESH SACHDEVA .....Defendant
Through: Mr. Kirti Mewar, Ms. Kriti Sharma,
Advs for and along with defendant in
person.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 12.08.2025 O.A. 31/2022 (BY PLAINTIFF- CHAMBER APPEAL- FOR SETTING ASIDE ORDER DT. 05.01.2022 PASSED BY LD. JOINT REG.)
1. Heard the plaintiff and learned counsel for defendant on the instant O.A.
2. The Court finds that during Covid-19 period, the Supreme Court had issued directions extending the limitation period in respect of all judicial proceedings. Paragraph no. 5 of the order dated 10.01.2025 by the Supreme Court in Suo Moto Writ Petition (C) No. 3/ 2020, is extracted below, for reference:
"5. Taking into consideration the arguments advanced by learned counsel and the impact of the surge of the virus on public health and adversities faced by litigants in the prevailing 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 14/08/2025 at 22:31:14 conditions, we deem it appropriate to dispose of the M.A. No. 21 of 2022 with the following directions:
I. The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings.
II. Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022. III. In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply.
IV. It is further clarified that the period from 15.03.2020 till 28.02.2022 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12Aof the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings"
3. In the instant case, the right to file replication was closed vide order dated 05.01.2022 in absence of the plaintiff.
4. However, the plaintiff, who appears in person, prays that he be granted 15 days time to file the replication.
5. Under the circumstances, the Court deems it appropriate to set aside 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 14/08/2025 at 22:31:14 the order dated 05.01.2022 and grants him 15 days' time to file the replication.
6. In view of the aforesaid the instant O.A. stands disposed of. CS(OS) 344/2020 and CRL.M.A. 5747/2023, I.A. 10462/2020, I.A. 10463/2020, I.A. 12458/2022, I.A. 12459/2022, I.A. 21097/2022, I.A. 580/2023, I.A. 3087/2023, I.A. 8557/2023, I.A. 24514/2023
7. List this matter for consideration of the pending applications on 08.09.2025.
PURUSHAINDRA KUMAR KAURAV, J AUGUST 12, 2025 aks/amg 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 14/08/2025 at 22:31:14