Delhi High Court - Orders
Mr Canute Domnic D Souza & Anr vs Ms Imperia Structures Limited & Anr on 20 November, 2025
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 2917/2024 & CM APPL. 39106/2024
MR CANUTE DOMNIC D SOUZA & ANR. .....Petitioners
Through: Mr. Rajeev Verma and Mr. Himanshu
Sharma, Advocates.
versus
MS IMPERIA STRUCTURES LIMITED & ANR. .....Respondents
Through: Mr. Pankaj Gupta, Mr. Tushar
Sharma, Mr. Sachin Jain and Mr.
Ram Pawat, Advocates.
CORAM:
HON'BLE MR. JUSTICE GIRISH KATHPALIA
ORDER
% 20.11.2025
1. It appears that before the commercial court, the petitioner/plaintiff consented to condonation of delay of more than 1000 days in filing of Written Statement if the respondent/defendant no.1 paid cost of Rs.50,000/-. The cost was paid and Written Statement was taken on record. The petitioner/plaintiff filed an application before the trial court for taking the Written Statement off the record since according to the petitioner/plaintiff, in a commercial suit Written Statement cannot be taken on record beyond 120 days of service of summons. That application of petitioner/plaintiff is pending.
2. It is during pendency of the said application that the present petition was filed before this Court.
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 20/11/2025 at 22:22:20
3. In other words, the same issue is pending before the commercial court and this Court.
4. Under these circumstances, learned counsel for petitioner seeks adjournment to withdraw his application which is pending before the commercial court.
5. On the next date, both sides shall address as to whether the consent order dated 15.03.2022 can be assailed and as to whether the mandate of 120 days to file Written Statement can be moulded by the parties with consent.
6. Relist on 11.05.2026. Interim orders to continue till next date of hearing. However, in case the petitioner/plaintiff seeks to withdraw the abovementioned application, the trial court shall be at liberty to pass appropriate orders.
GIRISH KATHPALIA, J NOVEMBER 20, 2025/as 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 20/11/2025 at 22:22:20