Delhi High Court - Orders
Hewlett Packard Enterprise India Pvt. ... vs M/S Jt Solutions Pvt. Ltd. & Ors on 16 October, 2023
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 223/2022
HEWLETT PACKARD ENTERPRISE INDIA PVT. LTD
.....Plaintiff
Through: Ms. Krishna Parkhani, Adv. (Mob.
No. 7709872128).
versus
M/S JT SOLUTIONS PVT. LTD. & ORS.
.....Defendant
Through: Advocate for D-4 (through VC)
(appearance not given).
D-1 to 3 & 5 are yet to be served.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER
KUMAR GARG (DHJS)
ORDER
% 16.10.2023
1. As per office noting, written statement filed on behalf of defendant no.4 vide diary no.991441 dated 25.05.2023 has not come on record till date. Let appropriate steps be taken as per law.
2. Ld. Counsel for plaintiff has submitted that defendant no.4 is not deliberately taking steps for removal of objections in his written statement and statutory period for filing written statement by defendant no.4 has already expired and hence, right of defendant no.4 to file written statement may be closed.
3. Heard. Perusal of record shows that on 11.01.2023, the defendant no.4 entered appearance through his counsel and the written statement was filed on behalf of defendant no.4 only on 25.05.2023 vide diary no.99144120/2023, 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 17/10/2023 at 22:54:03 which was returned under objection. The defendant no.4 is not taking any steps for removal of the objections. No application for condonation of delay in filing written statement has been filed on behalf of the defendant no.4 till date. Thus, keeping in view Rule (4) of Chapter VII of Delhi High Court (Original Side) Rules, 2018 and in view of judgment titled "Charu Agrawal vs. Alok Kalia and Others", 2023 SCC OnLine Del 1238, statutory period for filing written statement and affidavit of admission/ denial of documents on behalf of defendant no.4 has already expired. Hence, right of defendant no.4 to file written statement and affidavit of admission/denial of documents stands closed.
4. Office noting further shows that affidavit of service with legible copies of citations has been filed. Same has been perused. In view of the same, defendants no.1 to 3 and 5 are deemed to be served.
5. No written statement and affidavit of admission/denial has been filed on behalf of defendants no.1 to 3 and 5.
6. The defendants no.1 to 3 and 5 may file their written statement and affidavit of admission/denial of documents as per law with advance copy to the opposite party, who may file replication and affidavit of admission/denial of documents thereafter as per law.
7. Let the pleadings be completed as per law.
8. Re-notify the present matter for completion of pleadings and further proceeding on 13th December, 2023.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 16, 2023/v 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 17/10/2023 at 22:54:03