Delhi High Court - Orders
Tushar Bansal & Anr vs Jai Ambey Traders & Ors on 15 January, 2021
Author: Vipin Sanghi
Bench: Vipin Sanghi, Rekha Palli
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) 55/2020, CM APPL. 27139/2020 & CM APPL.
27141/2020
TUSHAR BANSAL & ANR. ..... Appellants
Through: Mr. Azmat Amanullah, Adv.
versus
JAI AMBEY TRADERS & ORS. ..... Respondents
Through: Mr. Paritosh Budhiraja & Mr. Fanish
Jain, Advs. for R-5.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 15.01.2021 The present appeal assails the order dated 06.08.2020 wherein the learned Single Judge has dismissed I.A. No. 2906/2018 preferred by the appellant (defendant Nos.2 & 6 in the suit) seeking condonation of 131 days delay in filing the written statement.
We have heard learned counsel for the parties and perused the record. Learned counsel for the respondent No.5 (plaintiff in the suit) fairly does not oppose the appellant's prayer for condonation of delay in filing the written statement. In the light of this stand taken by the respondent and Rule-16 of the Delhi High Court (Original Side) Rules, 2018 which clothes the Court with inherent powers to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of Court; we are of the view that it will be in the interest of justice to condone the delay in filing of written Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:19.01.2021 16:29:39 statement by the appellant.
Accordingly, we allow the present appeal and set aside the impugned order passed by the learned Single Judge rejecting the appellant's application seeking condonation of delay in filing the written statement.
The written statement already filed by the appellant will be taken on record, subject to the appellants paying costs of Rs. 25,000/- to the respondent No. 5/plaintiff within two weeks. The appellants shall not be granted any unnecessary adjournments.
We request the learned Single Judge to expedite the disposal of this suit, considering the fact that this suit is pending since the year 2018 and is still at the stage of completion of pleadings.
The appeal, along with the pending applications, stands disposed of in the aforesaid terms.
VIPIN SANGHI, J REKHA PALLI, J JANUARY 15, 2021/kk Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:19.01.2021 16:29:39