Delhi High Court - Orders
M/S R.P. Singhal Builders Pvt. Ltd vs The Executive Engineer M I West Zone & Anr on 13 December, 2021
Author: Amit Bansal
Bench: Amit Bansal
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1142/2021
M/S R.P. SINGHAL BUILDERS PVT. LTD. ..... Petitioner
Through: Mr. Avinash Trivedi, Advocate.
versus
THE EXECUTIVE ENGINEER M I WEST ZONE & ANR.
..... Respondents
Through: Mr. Sanjay Vashishtha, Advocate.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 13.12.2021 CM No.44633/2021(for exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
CM(M) 1142/2021 & CM No.44632/2021(for stay)
3. The present petition under Article 227 of the Constitution of India impugns the order dated 2nd April, 2021, passed by the District Judge, Commercial Court-1, West, Tis Hazari Courts, Delhi, whereby the objections raised by the petitioner/plaintiff regarding the written statement filed by the respondent/defendant beyond the period of 30 days without any application for condonation of delay, have been dismissed and the written statement filed on behalf of the respondent/defendant has been taken on record.
4. After some hearing, counsel for the petitioner states that he may be permitted to withdraw the present petition with liberty to raise the grounds Signature Not Verified Digitally Signed CM(M) 1142/2021 Page 1 of 2 By:MAMTA ARYA Signing Date:14.12.2021 11:37:29 in the present petition at the stage of the appeal, if need so arises.
5. The present petition is dismissed as withdrawn. It would be open to the petitioner to raise the grounds in the present petition with regard to the written statement being filed beyond 30 days without application for condonation of delay, at the stage of appeal, if need so arises.
AMIT BANSAL, J DECEMBER 13, 2021/ak Signature Not Verified Digitally Signed CM(M) 1142/2021 Page 2 of 2 By:MAMTA ARYA Signing Date:14.12.2021 11:37:29