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Delhi High Court - Orders

M S Cms Computers Ltd vs Mr Shashi Prakash Chopra & Anr on 11 September, 2024

                                    $~87
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CM(M) 3382/2024
                                                M S CMS COMPUTERS LTD                                                           .....Petitioner
                                                                                      Through:                 Mr. Lalltaksh Joshi with Ms.Ananya
                                                                                                               Sarogi, Advocates.
                                                                                      versus

                                                MR SHASHI PRAKASH CHOPRA & ANR                                                  .....Respondents
                                                             Through: None
                                                CORAM:
                                                HON'BLE MR. JUSTICE MANOJ JAIN
                                                                                      ORDER

% 11.09.2024 CM APPL. 53144/2024 & CM APPL. 53145/2024 (exemption) Exemption allowed subject to all just exceptions. CM(M) 3382/2024 & CM APPL. 53143/2024 (stay)

1. Petitioner is defending a recovery suit, being defendant No.1.

2. When asked, learned counsel for the petitioner has given following details:-

1. Date of service upon defendant No.1 20.11.2017
2. Date on which the defendant No.1 was 02.08.2018 proceeded against ex-parte
3. Date when ex-parte order was set 06.04.2019 aside
4. Date of putting written statement in 13.04.2021 drop box during Covid-19 pandemic

3. It is contended that it is an ordinary suit and the issues have yet not been framed and, therefore, even if the delay was on the higher side, CM(M) 3382/2024 1 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 19/09/2024 at 02:48:52 the learned Trial Court should have condoned the same by adequately compensating the other side with cost.

4. Issue notice to respondents through all permissible modes including dasti, returnable on 27th February, 2025. Notice be also issued through counsel.

MANOJ JAIN, J SEPTEMBER 11, 2024 st CM(M) 3382/2024 2 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 19/09/2024 at 02:48:52