Delhi High Court - Orders
Rajeev Wadhawan & Anr vs Ranjan Wadhawan & Anr on 13 October, 2023
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 544/2022
RAJEEV WADHAWAN & ANR.
.....Plaintiff
Through: Mr. Srikanth Varma & Ms. Pragati
Dhawan, Adv.
Versus
RANJAN WADHAWAN & ANR.
.....Defendant
Through: Mr. Harinder Kumar Bakshi, Adv.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER
KUMAR GARG (DHJS)
ORDER
% 13.10.2023
CS(OS) 544/2022;
I.A. No. 14642/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC) & I.A. No. 16172/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC)
1. It is submitted that matter and captioned IAs are coming up for hearing before the Hon'ble Court on 19.10.2023. I.A. No. 17128/2023 (by defendants u/S 151 of CPC for condonation of delay of 303 days in filing reply to IA No. 16172/2022).
2. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1773686 dated 23.09.2023. No rejoinder to the said reply has been filed by the defendants. Time sought for filing rejoinder.
3. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
Page 1 of 6This 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 16:31:36
4. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 15644/2023 (by defendant no.1 u/O VIII Rule 1(A)(3) of CPC seeking permission to place on record additional documents)
5. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1851046/2023.. No rejoinder to the said reply has been filed by the defendant no.1. Time sought for filing rejoinder.
6. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
7. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 13074/2023 (by plaintiffs u/S 151 of CPC for not taking on record the written statement of defendants)
8. Perusal of record shows that reply to the captioned IA was filed vide diary no.1384423/2023. It is submitted that the defendant no.2 has signed the said reply for himself and being attorney of defendant no.1 and the said reply has been filed on behalf of both the defendants. Let reply filed vide diary no.1384423/2023 be read for both the defendants.
9. As per office noting, rejoinder to the above said reply has been filed on behalf of plaintiff vide diary no.1773689 dated 09.10.2023.
10. Pleadings qua the captioned IA are complete.
11. Arguments on the captioned IA heard from both the sides. I have perused the entire record available on record carefully.
Page 2 of 6This 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 16:31:36
12. The captioned IA has been filed on behalf of plaintiffs inter alia stating that summons of the suit and application were issued by the Hon'ble Court vide order dated 08.09.2022 and the Hon'ble Court was pleased to restrain the defendants by way of exparte ad-interim injunction. The plaintiffs subsequently complied the provisions of Order XXXIX Rule 3 CPC and served the notice, copy of suit and copy of application by way of email, WhatsApp and post on 09.09.2022. The receipt of the notice and copies of application was also acknowledged by the defendant no.2 on 09.09.2022. It is further mentioned that the summons were also delivered by the process server to the defendant by email, post etc. and latest service was effected on 19.10.2022. It is further mentioned that the defendants after a substantial delay filed their written statement on 10.12.2022 without any application for condonation of delay in filing the same and delay in filing written statement is unsubstantiated by any reason, which renders the written statement liable to be not taken on record.
13. Reply to the captioned IA was filed on behalf of the defendants inter alia stating that the defendants have filed their written statement within limitation period prescribed by law and otherwise also, according to the principles of natural justice, the defendants cannot loose their substantive right of filing written statement on the ground of technicality. It is further mentioned that Order VIII Rule 1 of CPC prescribes the period of 90 days for filing written statement and written statement on behalf of the defendants has been filed within limitation period.
Page 3 of 6This 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 16:31:36
14. It is further mentioned that the defendant no.1 was in USA at the time of passing of order dated 08.09.2022 and has been there ever since. It is further mentioned that it became extremely difficult for him to present all the facts and arrange/search for all relevant documents to be provided to his counsel for preparing written statement. It is further mentioned that furthermore he had to go through numerous audio recordings and search out for the relevant ones and then, he had to go through all the transcripts to verify for any mistakes. It is further mentioned that it is not possible humanly within 30 days and further stated that communication between the defendant no.1 and his counsel and defendant no.2 was made extremely difficult due to time difference between USA and India. It is further mentioned that written statement was filed on 07.12.2022. In reply on merits, the contents of para no.1 to 3 of the captioned IA have not been disputed.
15. Rejoinder to the reply of defendants was filed on behalf of the plaintiffs wherein they denied the averments of the reply and reiterated the averments of their application.
16. I have heard arguments from Mr. Srikanth Varma, Ld. Counsel for plaintiffs and Mr. Harinder Kumar Bakshi, Ld. Counsel for defendants and perused the material available on record carefully. Ld. Counsel for plaintiffs has relied upon judgment titled as "Vidhi Electrical and Engineering Company vs. C and S Electric Ltd. & Ors.", MANU/DE/1667/2022. Ld. Counsel for defendants has relied upon judgment titled as "Naran Anappa Shethi vs. Jayantilal Chunilal Shah", AIR 1987 Guj 205.
Page 4 of 6This 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 16:31:36
17. Perusal of the reply filed on behalf of the defendants would show wherein he has not disputed the fact that service of notice and copy of suit and applications through email, WhatsApp and post was made on the defendants on 09.09.2022. It is also not disputed that the summons of the suit sent through registered post was served on the defendants on 19.10.2022. Ld. Counsel for defendants had contended that written statement was filed on 07.12.2022. However, perusal of record would show that the written statement was filed on 10.12.2022.
18. As per Rule 4 of Chapter VII of Delhi High Court (Original Side) Rules, 2018, the defendant is required to file written statement within 30 days and in case, the same is not filed within 30 days, time can be extended by a further period not exceeding 90 days, if the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days. It is matter of record that no separate application for condonation of delay has been filed by the defendants for explaining sufficient cause and unavoidable reasons.
19. Further, even if, reasons as mentioned by defendants in para no.5 of their reply to the captioned IA, are taken into account, the same are not supported by any document. In the absence of any separate application for condonation of delay and without filing the document in respect of reasons as mentioned, the same cannot be treated as sufficient cause for exceptional and unavoidable reasons for not filing written statement within 30 days. Thus, the defendants have failed to show sufficient cause for not filing the written statement within 30 days from the date Page 5 of 6 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 16:31:36 of their service. The judgment relied upon by Ld. Counsel for defendant is not applicable to the facts of the present matter being distinguishable on facts.
20. Keeping in view of the above said facts & circumstances, the application of the plaintiffs stands allowed and the written statement filed by the defendants on 10.12.2022 is taken off the record.
21. The captioned IA stands disposed off accordingly.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 13, 2023/v Click here to check corrigendum, if any Page 6 of 6 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 16:31:36 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 544/2022 RAJEEV WADHAWAN & ANR.
.....Plaintiff Through: Mr. Srikanth Varma & Ms. Pragati Dhawan, Adv.
Versus RANJAN WADHAWAN & ANR.
.....Defendant Through: Mr. Harinder Kumar Bakshi, Adv.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER KUMAR GARG (DHJS) ORDER % 13.10.2023 CS(OS) 544/2022;
I.A. No. 14642/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC) & I.A. No. 16172/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC)
1. It is submitted that matter and captioned IAs are coming up for hearing before the Hon'ble Court on 19.10.2023.
I.A. No. 17128/2023 (by defendants u/S 151 of CPC for condonation of delay of 303 days in filing reply to IA No. 16172/2022).
2. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1773686 dated 23.09.2023. No rejoinder to the said reply has been filed by the defendants. Time sought for filing rejoinder.
3. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
Page 1 of 6This 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 16:31:36
4. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 15644/2023 (by defendant no.1 u/O VIII Rule 1(A)(3) of CPC seeking permission to place on record additional documents)
5. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1851046/2023.. No rejoinder to the said reply has been filed by the defendant no.1. Time sought for filing rejoinder.
6. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
7. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 13074/2023 (by plaintiffs u/S 151 of CPC for not taking on record the written statement of defendants)
8. Perusal of record shows that reply to the captioned IA was filed vide diary no.1384423/2023. It is submitted that the defendant no.2 has signed the said reply for himself and being attorney of defendant no.1 and the said reply has been filed on behalf of both the defendants. Let reply filed vide diary no.1384423/2023 be read for both the defendants.
9. As per office noting, rejoinder to the above said reply has been filed on behalf of plaintiff vide diary no.1773689 dated 09.10.2023.
10. Pleadings qua the captioned IA are complete.
11. Arguments on the captioned IA heard from both the sides. I have perused the entire record available on record carefully.
Page 2 of 6This 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 16:31:37
12. The captioned IA has been filed on behalf of plaintiffs inter alia stating that summons of the suit and application were issued by the Hon'ble Court vide order dated 08.09.2022 and the Hon'ble Court was pleased to restrain the defendants by way of exparte ad-interim injunction. The plaintiffs subsequently complied the provisions of Order XXXIX Rule 3 CPC and served the notice, copy of suit and copy of application by way of email, WhatsApp and post on 09.09.2022. The receipt of the notice and copies of application was also acknowledged by the defendant no.2 on 09.09.2022. It is further mentioned that the summons were also delivered by the process server to the defendant by email, post etc. and latest service was effected on 19.10.2022. It is further mentioned that the defendants after a substantial delay filed their written statement on 10.12.2022 without any application for condonation of delay in filing the same and delay in filing written statement is unsubstantiated by any reason, which renders the written statement liable to be not taken on record.
13. Reply to the captioned IA was filed on behalf of the defendants inter alia stating that the defendants have filed their written statement within limitation period prescribed by law and otherwise also, according to the principles of natural justice, the defendants cannot loose their substantive right of filing written statement on the ground of technicality. It is further mentioned that Order VIII Rule 1 of CPC prescribes the period of 90 days for filing written statement and written statement on behalf of the defendants has been filed within limitation period.
Page 3 of 6This 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 16:31:37
14. It is further mentioned that the defendant no.1 was in USA at the time of passing of order dated 08.09.2022 and has been there ever since. It is further mentioned that it became extremely difficult for him to present all the facts and arrange/search for all relevant documents to be provided to his counsel for preparing written statement. It is further mentioned that furthermore he had to go through numerous audio recordings and search out for the relevant ones and then, he had to go through all the transcripts to verify for any mistakes. It is further mentioned that it is not possible humanly within 30 days and further stated that communication between the defendant no.1 and his counsel and defendant no.2 was made extremely difficult due to time difference between USA and India. It is further mentioned that written statement was filed on 07.12.2022. In reply on merits, the contents of para no.1 to 3 of the captioned IA have not been disputed.
15. Rejoinder to the reply of defendants was filed on behalf of the plaintiffs wherein they denied the averments of the reply and reiterated the averments of their application.
16. I have heard arguments from Mr. Srikanth Varma, Ld. Counsel for plaintiffs and Mr. Harinder Kumar Bakshi, Ld. Counsel for defendants and perused the material available on record carefully. Ld. Counsel for plaintiffs has relied upon judgment titled as "Vidhi Electrical and Engineering Company vs. C and S Electric Ltd. & Ors.", MANU/DE/1667/2022. Ld. Counsel for defendants has relied upon judgment titled as "Naran Anappa Shethi vs. Jayantilal Chunilal Shah", AIR 1987 Guj 205.
Page 4 of 6This 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 16:31:37
17. Perusal of the reply filed on behalf of the defendants would show wherein he has not disputed the fact that service of notice and copy of suit and applications through email, WhatsApp and post was made on the defendants on 09.09.2022. It is also not disputed that the summons of the suit sent through registered post was served on the defendants on 19.10.2022. Ld. Counsel for defendants had contended that written statement was filed on 07.12.2022. However, perusal of record would show that the written statement was filed on 10.12.2022.
18. As per Rule 4 of Chapter VII of Delhi High Court (Original Side) Rules, 2018, the defendant is required to file written statement within 30 days and in case, the same is not filed within 30 days, time can be extended by a further period not exceeding 90 days, if the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days. It is matter of record that no separate application for condonation of delay has been filed by the defendants for explaining sufficient cause and unavoidable reasons.
19. Further, even if, reasons as mentioned by defendants in para no.5 of their reply to the captioned IA, are taken into account, the same are not supported by any document. In the absence of any separate application for condonation of delay and without filing the document in respect of reasons as mentioned, the same cannot be treated as sufficient cause for exceptional and unavoidable reasons for not filing written statement within 30 days. Thus, the defendants have failed to show sufficient cause for not filing the written statement within 30 days from the date Page 5 of 6 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 16:31:37 of their service. The judgment relied upon by Ld. Counsel for defendant is not applicable to the facts of the present matter being distinguishable on facts.
20. Keeping in view of the above said facts & circumstances, the application of the plaintiffs stands allowed and the written statement filed by the defendants on 10.12.2022 is taken off the record.
21. The captioned IA stands disposed off accordingly.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 13, 2023/v Click here to check corrigendum, if any Page 6 of 6 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 16:31:37 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 544/2022 RAJEEV WADHAWAN & ANR.
.....Plaintiff Through: Mr. Srikanth Varma & Ms. Pragati Dhawan, Adv.
Versus RANJAN WADHAWAN & ANR.
.....Defendant Through: Mr. Harinder Kumar Bakshi, Adv.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER KUMAR GARG (DHJS) ORDER % 13.10.2023 CS(OS) 544/2022;
I.A. No. 14642/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC) & I.A. No. 16172/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC)
1. It is submitted that matter and captioned IAs are coming up for hearing before the Hon'ble Court on 19.10.2023.
I.A. No. 17128/2023 (by defendants u/S 151 of CPC for condonation of delay of 303 days in filing reply to IA No. 16172/2022).
2. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1773686 dated 23.09.2023. No rejoinder to the said reply has been filed by the defendants. Time sought for filing rejoinder.
3. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
Page 1 of 6This 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 16:31:37
4. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 15644/2023 (by defendant no.1 u/O VIII Rule 1(A)(3) of CPC seeking permission to place on record additional documents)
5. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1851046/2023.. No rejoinder to the said reply has been filed by the defendant no.1. Time sought for filing rejoinder.
6. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
7. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 13074/2023 (by plaintiffs u/S 151 of CPC for not taking on record the written statement of defendants)
8. Perusal of record shows that reply to the captioned IA was filed vide diary no.1384423/2023. It is submitted that the defendant no.2 has signed the said reply for himself and being attorney of defendant no.1 and the said reply has been filed on behalf of both the defendants. Let reply filed vide diary no.1384423/2023 be read for both the defendants.
9. As per office noting, rejoinder to the above said reply has been filed on behalf of plaintiff vide diary no.1773689 dated 09.10.2023.
10. Pleadings qua the captioned IA are complete.
11. Arguments on the captioned IA heard from both the sides. I have perused the entire record available on record carefully.
Page 2 of 6This 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 16:31:37
12. The captioned IA has been filed on behalf of plaintiffs inter alia stating that summons of the suit and application were issued by the Hon'ble Court vide order dated 08.09.2022 and the Hon'ble Court was pleased to restrain the defendants by way of exparte ad-interim injunction. The plaintiffs subsequently complied the provisions of Order XXXIX Rule 3 CPC and served the notice, copy of suit and copy of application by way of email, WhatsApp and post on 09.09.2022. The receipt of the notice and copies of application was also acknowledged by the defendant no.2 on 09.09.2022. It is further mentioned that the summons were also delivered by the process server to the defendant by email, post etc. and latest service was effected on 19.10.2022. It is further mentioned that the defendants after a substantial delay filed their written statement on 10.12.2022 without any application for condonation of delay in filing the same and delay in filing written statement is unsubstantiated by any reason, which renders the written statement liable to be not taken on record.
13. Reply to the captioned IA was filed on behalf of the defendants inter alia stating that the defendants have filed their written statement within limitation period prescribed by law and otherwise also, according to the principles of natural justice, the defendants cannot loose their substantive right of filing written statement on the ground of technicality. It is further mentioned that Order VIII Rule 1 of CPC prescribes the period of 90 days for filing written statement and written statement on behalf of the defendants has been filed within limitation period.
Page 3 of 6This 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 16:31:37
14. It is further mentioned that the defendant no.1 was in USA at the time of passing of order dated 08.09.2022 and has been there ever since. It is further mentioned that it became extremely difficult for him to present all the facts and arrange/search for all relevant documents to be provided to his counsel for preparing written statement. It is further mentioned that furthermore he had to go through numerous audio recordings and search out for the relevant ones and then, he had to go through all the transcripts to verify for any mistakes. It is further mentioned that it is not possible humanly within 30 days and further stated that communication between the defendant no.1 and his counsel and defendant no.2 was made extremely difficult due to time difference between USA and India. It is further mentioned that written statement was filed on 07.12.2022. In reply on merits, the contents of para no.1 to 3 of the captioned IA have not been disputed.
15. Rejoinder to the reply of defendants was filed on behalf of the plaintiffs wherein they denied the averments of the reply and reiterated the averments of their application.
16. I have heard arguments from Mr. Srikanth Varma, Ld. Counsel for plaintiffs and Mr. Harinder Kumar Bakshi, Ld. Counsel for defendants and perused the material available on record carefully. Ld. Counsel for plaintiffs has relied upon judgment titled as "Vidhi Electrical and Engineering Company vs. C and S Electric Ltd. & Ors.", MANU/DE/1667/2022. Ld. Counsel for defendants has relied upon judgment titled as "Naran Anappa Shethi vs. Jayantilal Chunilal Shah", AIR 1987 Guj 205.
Page 4 of 6This 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 16:31:37
17. Perusal of the reply filed on behalf of the defendants would show wherein he has not disputed the fact that service of notice and copy of suit and applications through email, WhatsApp and post was made on the defendants on 09.09.2022. It is also not disputed that the summons of the suit sent through registered post was served on the defendants on 19.10.2022. Ld. Counsel for defendants had contended that written statement was filed on 07.12.2022. However, perusal of record would show that the written statement was filed on 10.12.2022.
18. As per Rule 4 of Chapter VII of Delhi High Court (Original Side) Rules, 2018, the defendant is required to file written statement within 30 days and in case, the same is not filed within 30 days, time can be extended by a further period not exceeding 90 days, if the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days. It is matter of record that no separate application for condonation of delay has been filed by the defendants for explaining sufficient cause and unavoidable reasons.
19. Further, even if, reasons as mentioned by defendants in para no.5 of their reply to the captioned IA, are taken into account, the same are not supported by any document. In the absence of any separate application for condonation of delay and without filing the document in respect of reasons as mentioned, the same cannot be treated as sufficient cause for exceptional and unavoidable reasons for not filing written statement within 30 days. Thus, the defendants have failed to show sufficient cause for not filing the written statement within 30 days from the date Page 5 of 6 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 16:31:37 of their service. The judgment relied upon by Ld. Counsel for defendant is not applicable to the facts of the present matter being distinguishable on facts.
20. Keeping in view of the above said facts & circumstances, the application of the plaintiffs stands allowed and the written statement filed by the defendants on 10.12.2022 is taken off the record.
21. The captioned IA stands disposed off accordingly.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 13, 2023/v Click here to check corrigendum, if any Page 6 of 6 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 16:31:37 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 544/2022 RAJEEV WADHAWAN & ANR.
.....Plaintiff Through: Mr. Srikanth Varma & Ms. Pragati Dhawan, Adv.
Versus RANJAN WADHAWAN & ANR.
.....Defendant Through: Mr. Harinder Kumar Bakshi, Adv.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER KUMAR GARG (DHJS) ORDER % 13.10.2023 CS(OS) 544/2022;
I.A. No. 14642/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC) & I.A. No. 16172/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC)
1. It is submitted that matter and captioned IAs are coming up for hearing before the Hon'ble Court on 19.10.2023.
I.A. No. 17128/2023 (by defendants u/S 151 of CPC for condonation of delay of 303 days in filing reply to IA No. 16172/2022).
2. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1773686 dated 23.09.2023. No rejoinder to the said reply has been filed by the defendants. Time sought for filing rejoinder.
3. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
Page 1 of 6This 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 16:31:37
4. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 15644/2023 (by defendant no.1 u/O VIII Rule 1(A)(3) of CPC seeking permission to place on record additional documents)
5. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1851046/2023.. No rejoinder to the said reply has been filed by the defendant no.1. Time sought for filing rejoinder.
6. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
7. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 13074/2023 (by plaintiffs u/S 151 of CPC for not taking on record the written statement of defendants)
8. Perusal of record shows that reply to the captioned IA was filed vide diary no.1384423/2023. It is submitted that the defendant no.2 has signed the said reply for himself and being attorney of defendant no.1 and the said reply has been filed on behalf of both the defendants. Let reply filed vide diary no.1384423/2023 be read for both the defendants.
9. As per office noting, rejoinder to the above said reply has been filed on behalf of plaintiff vide diary no.1773689 dated 09.10.2023.
10. Pleadings qua the captioned IA are complete.
11. Arguments on the captioned IA heard from both the sides. I have perused the entire record available on record carefully.
Page 2 of 6This 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 16:31:37
12. The captioned IA has been filed on behalf of plaintiffs inter alia stating that summons of the suit and application were issued by the Hon'ble Court vide order dated 08.09.2022 and the Hon'ble Court was pleased to restrain the defendants by way of exparte ad-interim injunction. The plaintiffs subsequently complied the provisions of Order XXXIX Rule 3 CPC and served the notice, copy of suit and copy of application by way of email, WhatsApp and post on 09.09.2022. The receipt of the notice and copies of application was also acknowledged by the defendant no.2 on 09.09.2022. It is further mentioned that the summons were also delivered by the process server to the defendant by email, post etc. and latest service was effected on 19.10.2022. It is further mentioned that the defendants after a substantial delay filed their written statement on 10.12.2022 without any application for condonation of delay in filing the same and delay in filing written statement is unsubstantiated by any reason, which renders the written statement liable to be not taken on record.
13. Reply to the captioned IA was filed on behalf of the defendants inter alia stating that the defendants have filed their written statement within limitation period prescribed by law and otherwise also, according to the principles of natural justice, the defendants cannot loose their substantive right of filing written statement on the ground of technicality. It is further mentioned that Order VIII Rule 1 of CPC prescribes the period of 90 days for filing written statement and written statement on behalf of the defendants has been filed within limitation period.
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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 16:31:37
14. It is further mentioned that the defendant no.1 was in USA at the time of passing of order dated 08.09.2022 and has been there ever since. It is further mentioned that it became extremely difficult for him to present all the facts and arrange/search for all relevant documents to be provided to his counsel for preparing written statement. It is further mentioned that furthermore he had to go through numerous audio recordings and search out for the relevant ones and then, he had to go through all the transcripts to verify for any mistakes. It is further mentioned that it is not possible humanly within 30 days and further stated that communication between the defendant no.1 and his counsel and defendant no.2 was made extremely difficult due to time difference between USA and India. It is further mentioned that written statement was filed on 07.12.2022. In reply on merits, the contents of para no.1 to 3 of the captioned IA have not been disputed.
15. Rejoinder to the reply of defendants was filed on behalf of the plaintiffs wherein they denied the averments of the reply and reiterated the averments of their application.
16. I have heard arguments from Mr. Srikanth Varma, Ld. Counsel for plaintiffs and Mr. Harinder Kumar Bakshi, Ld. Counsel for defendants and perused the material available on record carefully. Ld. Counsel for plaintiffs has relied upon judgment titled as "Vidhi Electrical and Engineering Company vs. C and S Electric Ltd. & Ors.", MANU/DE/1667/2022. Ld. Counsel for defendants has relied upon judgment titled as "Naran Anappa Shethi vs. Jayantilal Chunilal Shah", AIR 1987 Guj 205.
Page 4 of 6This 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 16:31:37
17. Perusal of the reply filed on behalf of the defendants would show wherein he has not disputed the fact that service of notice and copy of suit and applications through email, WhatsApp and post was made on the defendants on 09.09.2022. It is also not disputed that the summons of the suit sent through registered post was served on the defendants on 19.10.2022. Ld. Counsel for defendants had contended that written statement was filed on 07.12.2022. However, perusal of record would show that the written statement was filed on 10.12.2022.
18. As per Rule 4 of Chapter VII of Delhi High Court (Original Side) Rules, 2018, the defendant is required to file written statement within 30 days and in case, the same is not filed within 30 days, time can be extended by a further period not exceeding 90 days, if the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days. It is matter of record that no separate application for condonation of delay has been filed by the defendants for explaining sufficient cause and unavoidable reasons.
19. Further, even if, reasons as mentioned by defendants in para no.5 of their reply to the captioned IA, are taken into account, the same are not supported by any document. In the absence of any separate application for condonation of delay and without filing the document in respect of reasons as mentioned, the same cannot be treated as sufficient cause for exceptional and unavoidable reasons for not filing written statement within 30 days. Thus, the defendants have failed to show sufficient cause for not filing the written statement within 30 days from the date Page 5 of 6 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 16:31:37 of their service. The judgment relied upon by Ld. Counsel for defendant is not applicable to the facts of the present matter being distinguishable on facts.
20. Keeping in view of the above said facts & circumstances, the application of the plaintiffs stands allowed and the written statement filed by the defendants on 10.12.2022 is taken off the record.
21. The captioned IA stands disposed off accordingly.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 13, 2023/v Click here to check corrigendum, if any Page 6 of 6 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 16:31:37 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 544/2022 RAJEEV WADHAWAN & ANR.
.....Plaintiff Through: Mr. Srikanth Varma & Ms. Pragati Dhawan, Adv.
Versus RANJAN WADHAWAN & ANR.
.....Defendant Through: Mr. Harinder Kumar Bakshi, Adv.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER KUMAR GARG (DHJS) ORDER % 13.10.2023 CS(OS) 544/2022;
I.A. No. 14642/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC) & I.A. No. 16172/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC)
1. It is submitted that matter and captioned IAs are coming up for hearing before the Hon'ble Court on 19.10.2023.
I.A. No. 17128/2023 (by defendants u/S 151 of CPC for condonation of delay of 303 days in filing reply to IA No. 16172/2022).
2. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1773686 dated 23.09.2023. No rejoinder to the said reply has been filed by the defendants. Time sought for filing rejoinder.
3. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
Page 1 of 6This 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 16:31:37
4. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 15644/2023 (by defendant no.1 u/O VIII Rule 1(A)(3) of CPC seeking permission to place on record additional documents)
5. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1851046/2023.. No rejoinder to the said reply has been filed by the defendant no.1. Time sought for filing rejoinder.
6. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
7. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 13074/2023 (by plaintiffs u/S 151 of CPC for not taking on record the written statement of defendants)
8. Perusal of record shows that reply to the captioned IA was filed vide diary no.1384423/2023. It is submitted that the defendant no.2 has signed the said reply for himself and being attorney of defendant no.1 and the said reply has been filed on behalf of both the defendants. Let reply filed vide diary no.1384423/2023 be read for both the defendants.
9. As per office noting, rejoinder to the above said reply has been filed on behalf of plaintiff vide diary no.1773689 dated 09.10.2023.
10. Pleadings qua the captioned IA are complete.
11. Arguments on the captioned IA heard from both the sides. I have perused the entire record available on record carefully.
Page 2 of 6This 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 16:31:37
12. The captioned IA has been filed on behalf of plaintiffs inter alia stating that summons of the suit and application were issued by the Hon'ble Court vide order dated 08.09.2022 and the Hon'ble Court was pleased to restrain the defendants by way of exparte ad-interim injunction. The plaintiffs subsequently complied the provisions of Order XXXIX Rule 3 CPC and served the notice, copy of suit and copy of application by way of email, WhatsApp and post on 09.09.2022. The receipt of the notice and copies of application was also acknowledged by the defendant no.2 on 09.09.2022. It is further mentioned that the summons were also delivered by the process server to the defendant by email, post etc. and latest service was effected on 19.10.2022. It is further mentioned that the defendants after a substantial delay filed their written statement on 10.12.2022 without any application for condonation of delay in filing the same and delay in filing written statement is unsubstantiated by any reason, which renders the written statement liable to be not taken on record.
13. Reply to the captioned IA was filed on behalf of the defendants inter alia stating that the defendants have filed their written statement within limitation period prescribed by law and otherwise also, according to the principles of natural justice, the defendants cannot loose their substantive right of filing written statement on the ground of technicality. It is further mentioned that Order VIII Rule 1 of CPC prescribes the period of 90 days for filing written statement and written statement on behalf of the defendants has been filed within limitation period.
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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 16:31:37
14. It is further mentioned that the defendant no.1 was in USA at the time of passing of order dated 08.09.2022 and has been there ever since. It is further mentioned that it became extremely difficult for him to present all the facts and arrange/search for all relevant documents to be provided to his counsel for preparing written statement. It is further mentioned that furthermore he had to go through numerous audio recordings and search out for the relevant ones and then, he had to go through all the transcripts to verify for any mistakes. It is further mentioned that it is not possible humanly within 30 days and further stated that communication between the defendant no.1 and his counsel and defendant no.2 was made extremely difficult due to time difference between USA and India. It is further mentioned that written statement was filed on 07.12.2022. In reply on merits, the contents of para no.1 to 3 of the captioned IA have not been disputed.
15. Rejoinder to the reply of defendants was filed on behalf of the plaintiffs wherein they denied the averments of the reply and reiterated the averments of their application.
16. I have heard arguments from Mr. Srikanth Varma, Ld. Counsel for plaintiffs and Mr. Harinder Kumar Bakshi, Ld. Counsel for defendants and perused the material available on record carefully. Ld. Counsel for plaintiffs has relied upon judgment titled as "Vidhi Electrical and Engineering Company vs. C and S Electric Ltd. & Ors.", MANU/DE/1667/2022. Ld. Counsel for defendants has relied upon judgment titled as "Naran Anappa Shethi vs. Jayantilal Chunilal Shah", AIR 1987 Guj 205.
Page 4 of 6This 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 16:31:37
17. Perusal of the reply filed on behalf of the defendants would show wherein he has not disputed the fact that service of notice and copy of suit and applications through email, WhatsApp and post was made on the defendants on 09.09.2022. It is also not disputed that the summons of the suit sent through registered post was served on the defendants on 19.10.2022. Ld. Counsel for defendants had contended that written statement was filed on 07.12.2022. However, perusal of record would show that the written statement was filed on 10.12.2022.
18. As per Rule 4 of Chapter VII of Delhi High Court (Original Side) Rules, 2018, the defendant is required to file written statement within 30 days and in case, the same is not filed within 30 days, time can be extended by a further period not exceeding 90 days, if the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days. It is matter of record that no separate application for condonation of delay has been filed by the defendants for explaining sufficient cause and unavoidable reasons.
19. Further, even if, reasons as mentioned by defendants in para no.5 of their reply to the captioned IA, are taken into account, the same are not supported by any document. In the absence of any separate application for condonation of delay and without filing the document in respect of reasons as mentioned, the same cannot be treated as sufficient cause for exceptional and unavoidable reasons for not filing written statement within 30 days. Thus, the defendants have failed to show sufficient cause for not filing the written statement within 30 days from the date Page 5 of 6 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 16:31:37 of their service. The judgment relied upon by Ld. Counsel for defendant is not applicable to the facts of the present matter being distinguishable on facts.
20. Keeping in view of the above said facts & circumstances, the application of the plaintiffs stands allowed and the written statement filed by the defendants on 10.12.2022 is taken off the record.
21. The captioned IA stands disposed off accordingly.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 13, 2023/v Click here to check corrigendum, if any Page 6 of 6 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 16:31:37 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 544/2022 RAJEEV WADHAWAN & ANR.
.....Plaintiff Through: Mr. Srikanth Varma & Ms. Pragati Dhawan, Adv.
Versus RANJAN WADHAWAN & ANR.
.....Defendant Through: Mr. Harinder Kumar Bakshi, Adv.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER KUMAR GARG (DHJS) ORDER % 13.10.2023 CS(OS) 544/2022;
I.A. No. 14642/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC) & I.A. No. 16172/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC)
1. It is submitted that matter and captioned IAs are coming up for hearing before the Hon'ble Court on 19.10.2023.
I.A. No. 17128/2023 (by defendants u/S 151 of CPC for condonation of delay of 303 days in filing reply to IA No. 16172/2022).
2. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1773686 dated 23.09.2023. No rejoinder to the said reply has been filed by the defendants. Time sought for filing rejoinder.
3. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
Page 1 of 6This 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 16:31:37
4. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 15644/2023 (by defendant no.1 u/O VIII Rule 1(A)(3) of CPC seeking permission to place on record additional documents)
5. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1851046/2023.. No rejoinder to the said reply has been filed by the defendant no.1. Time sought for filing rejoinder.
6. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
7. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 13074/2023 (by plaintiffs u/S 151 of CPC for not taking on record the written statement of defendants)
8. Perusal of record shows that reply to the captioned IA was filed vide diary no.1384423/2023. It is submitted that the defendant no.2 has signed the said reply for himself and being attorney of defendant no.1 and the said reply has been filed on behalf of both the defendants. Let reply filed vide diary no.1384423/2023 be read for both the defendants.
9. As per office noting, rejoinder to the above said reply has been filed on behalf of plaintiff vide diary no.1773689 dated 09.10.2023.
10. Pleadings qua the captioned IA are complete.
11. Arguments on the captioned IA heard from both the sides. I have perused the entire record available on record carefully.
Page 2 of 6This 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 16:31:37
12. The captioned IA has been filed on behalf of plaintiffs inter alia stating that summons of the suit and application were issued by the Hon'ble Court vide order dated 08.09.2022 and the Hon'ble Court was pleased to restrain the defendants by way of exparte ad-interim injunction. The plaintiffs subsequently complied the provisions of Order XXXIX Rule 3 CPC and served the notice, copy of suit and copy of application by way of email, WhatsApp and post on 09.09.2022. The receipt of the notice and copies of application was also acknowledged by the defendant no.2 on 09.09.2022. It is further mentioned that the summons were also delivered by the process server to the defendant by email, post etc. and latest service was effected on 19.10.2022. It is further mentioned that the defendants after a substantial delay filed their written statement on 10.12.2022 without any application for condonation of delay in filing the same and delay in filing written statement is unsubstantiated by any reason, which renders the written statement liable to be not taken on record.
13. Reply to the captioned IA was filed on behalf of the defendants inter alia stating that the defendants have filed their written statement within limitation period prescribed by law and otherwise also, according to the principles of natural justice, the defendants cannot loose their substantive right of filing written statement on the ground of technicality. It is further mentioned that Order VIII Rule 1 of CPC prescribes the period of 90 days for filing written statement and written statement on behalf of the defendants has been filed within limitation period.
Page 3 of 6This 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 16:31:37
14. It is further mentioned that the defendant no.1 was in USA at the time of passing of order dated 08.09.2022 and has been there ever since. It is further mentioned that it became extremely difficult for him to present all the facts and arrange/search for all relevant documents to be provided to his counsel for preparing written statement. It is further mentioned that furthermore he had to go through numerous audio recordings and search out for the relevant ones and then, he had to go through all the transcripts to verify for any mistakes. It is further mentioned that it is not possible humanly within 30 days and further stated that communication between the defendant no.1 and his counsel and defendant no.2 was made extremely difficult due to time difference between USA and India. It is further mentioned that written statement was filed on 07.12.2022. In reply on merits, the contents of para no.1 to 3 of the captioned IA have not been disputed.
15. Rejoinder to the reply of defendants was filed on behalf of the plaintiffs wherein they denied the averments of the reply and reiterated the averments of their application.
16. I have heard arguments from Mr. Srikanth Varma, Ld. Counsel for plaintiffs and Mr. Harinder Kumar Bakshi, Ld. Counsel for defendants and perused the material available on record carefully. Ld. Counsel for plaintiffs has relied upon judgment titled as "Vidhi Electrical and Engineering Company vs. C and S Electric Ltd. & Ors.", MANU/DE/1667/2022. Ld. Counsel for defendants has relied upon judgment titled as "Naran Anappa Shethi vs. Jayantilal Chunilal Shah", AIR 1987 Guj 205.
Page 4 of 6This 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 16:31:37
17. Perusal of the reply filed on behalf of the defendants would show wherein he has not disputed the fact that service of notice and copy of suit and applications through email, WhatsApp and post was made on the defendants on 09.09.2022. It is also not disputed that the summons of the suit sent through registered post was served on the defendants on 19.10.2022. Ld. Counsel for defendants had contended that written statement was filed on 07.12.2022. However, perusal of record would show that the written statement was filed on 10.12.2022.
18. As per Rule 4 of Chapter VII of Delhi High Court (Original Side) Rules, 2018, the defendant is required to file written statement within 30 days and in case, the same is not filed within 30 days, time can be extended by a further period not exceeding 90 days, if the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days. It is matter of record that no separate application for condonation of delay has been filed by the defendants for explaining sufficient cause and unavoidable reasons.
19. Further, even if, reasons as mentioned by defendants in para no.5 of their reply to the captioned IA, are taken into account, the same are not supported by any document. In the absence of any separate application for condonation of delay and without filing the document in respect of reasons as mentioned, the same cannot be treated as sufficient cause for exceptional and unavoidable reasons for not filing written statement within 30 days. Thus, the defendants have failed to show sufficient cause for not filing the written statement within 30 days from the date Page 5 of 6 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 16:31:37 of their service. The judgment relied upon by Ld. Counsel for defendant is not applicable to the facts of the present matter being distinguishable on facts.
20. Keeping in view of the above said facts & circumstances, the application of the plaintiffs stands allowed and the written statement filed by the defendants on 10.12.2022 is taken off the record.
21. The captioned IA stands disposed off accordingly.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 13, 2023/v Click here to check corrigendum, if any Page 6 of 6 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 16:31:37 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 544/2022 RAJEEV WADHAWAN & ANR.
.....Plaintiff Through: Mr. Srikanth Varma & Ms. Pragati Dhawan, Adv.
Versus RANJAN WADHAWAN & ANR.
.....Defendant Through: Mr. Harinder Kumar Bakshi, Adv.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER KUMAR GARG (DHJS) ORDER % 13.10.2023 CS(OS) 544/2022;
I.A. No. 14642/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC) & I.A. No. 16172/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC)
1. It is submitted that matter and captioned IAs are coming up for hearing before the Hon'ble Court on 19.10.2023.
I.A. No. 17128/2023 (by defendants u/S 151 of CPC for condonation of delay of 303 days in filing reply to IA No. 16172/2022).
2. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1773686 dated 23.09.2023. No rejoinder to the said reply has been filed by the defendants. Time sought for filing rejoinder.
3. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
Page 1 of 6This 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 16:31:37
4. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 15644/2023 (by defendant no.1 u/O VIII Rule 1(A)(3) of CPC seeking permission to place on record additional documents)
5. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1851046/2023.. No rejoinder to the said reply has been filed by the defendant no.1. Time sought for filing rejoinder.
6. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
7. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 13074/2023 (by plaintiffs u/S 151 of CPC for not taking on record the written statement of defendants)
8. Perusal of record shows that reply to the captioned IA was filed vide diary no.1384423/2023. It is submitted that the defendant no.2 has signed the said reply for himself and being attorney of defendant no.1 and the said reply has been filed on behalf of both the defendants. Let reply filed vide diary no.1384423/2023 be read for both the defendants.
9. As per office noting, rejoinder to the above said reply has been filed on behalf of plaintiff vide diary no.1773689 dated 09.10.2023.
10. Pleadings qua the captioned IA are complete.
11. Arguments on the captioned IA heard from both the sides. I have perused the entire record available on record carefully.
Page 2 of 6This 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 16:31:37
12. The captioned IA has been filed on behalf of plaintiffs inter alia stating that summons of the suit and application were issued by the Hon'ble Court vide order dated 08.09.2022 and the Hon'ble Court was pleased to restrain the defendants by way of exparte ad-interim injunction. The plaintiffs subsequently complied the provisions of Order XXXIX Rule 3 CPC and served the notice, copy of suit and copy of application by way of email, WhatsApp and post on 09.09.2022. The receipt of the notice and copies of application was also acknowledged by the defendant no.2 on 09.09.2022. It is further mentioned that the summons were also delivered by the process server to the defendant by email, post etc. and latest service was effected on 19.10.2022. It is further mentioned that the defendants after a substantial delay filed their written statement on 10.12.2022 without any application for condonation of delay in filing the same and delay in filing written statement is unsubstantiated by any reason, which renders the written statement liable to be not taken on record.
13. Reply to the captioned IA was filed on behalf of the defendants inter alia stating that the defendants have filed their written statement within limitation period prescribed by law and otherwise also, according to the principles of natural justice, the defendants cannot loose their substantive right of filing written statement on the ground of technicality. It is further mentioned that Order VIII Rule 1 of CPC prescribes the period of 90 days for filing written statement and written statement on behalf of the defendants has been filed within limitation period.
Page 3 of 6This 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 16:31:37
14. It is further mentioned that the defendant no.1 was in USA at the time of passing of order dated 08.09.2022 and has been there ever since. It is further mentioned that it became extremely difficult for him to present all the facts and arrange/search for all relevant documents to be provided to his counsel for preparing written statement. It is further mentioned that furthermore he had to go through numerous audio recordings and search out for the relevant ones and then, he had to go through all the transcripts to verify for any mistakes. It is further mentioned that it is not possible humanly within 30 days and further stated that communication between the defendant no.1 and his counsel and defendant no.2 was made extremely difficult due to time difference between USA and India. It is further mentioned that written statement was filed on 07.12.2022. In reply on merits, the contents of para no.1 to 3 of the captioned IA have not been disputed.
15. Rejoinder to the reply of defendants was filed on behalf of the plaintiffs wherein they denied the averments of the reply and reiterated the averments of their application.
16. I have heard arguments from Mr. Srikanth Varma, Ld. Counsel for plaintiffs and Mr. Harinder Kumar Bakshi, Ld. Counsel for defendants and perused the material available on record carefully. Ld. Counsel for plaintiffs has relied upon judgment titled as "Vidhi Electrical and Engineering Company vs. C and S Electric Ltd. & Ors.", MANU/DE/1667/2022. Ld. Counsel for defendants has relied upon judgment titled as "Naran Anappa Shethi vs. Jayantilal Chunilal Shah", AIR 1987 Guj 205.
Page 4 of 6This 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 16:31:37
17. Perusal of the reply filed on behalf of the defendants would show wherein he has not disputed the fact that service of notice and copy of suit and applications through email, WhatsApp and post was made on the defendants on 09.09.2022. It is also not disputed that the summons of the suit sent through registered post was served on the defendants on 19.10.2022. Ld. Counsel for defendants had contended that written statement was filed on 07.12.2022. However, perusal of record would show that the written statement was filed on 10.12.2022.
18. As per Rule 4 of Chapter VII of Delhi High Court (Original Side) Rules, 2018, the defendant is required to file written statement within 30 days and in case, the same is not filed within 30 days, time can be extended by a further period not exceeding 90 days, if the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days. It is matter of record that no separate application for condonation of delay has been filed by the defendants for explaining sufficient cause and unavoidable reasons.
19. Further, even if, reasons as mentioned by defendants in para no.5 of their reply to the captioned IA, are taken into account, the same are not supported by any document. In the absence of any separate application for condonation of delay and without filing the document in respect of reasons as mentioned, the same cannot be treated as sufficient cause for exceptional and unavoidable reasons for not filing written statement within 30 days. Thus, the defendants have failed to show sufficient cause for not filing the written statement within 30 days from the date Page 5 of 6 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 16:31:37 of their service. The judgment relied upon by Ld. Counsel for defendant is not applicable to the facts of the present matter being distinguishable on facts.
20. Keeping in view of the above said facts & circumstances, the application of the plaintiffs stands allowed and the written statement filed by the defendants on 10.12.2022 is taken off the record.
21. The captioned IA stands disposed off accordingly.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 13, 2023/v Click here to check corrigendum, if any Page 6 of 6 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 16:31:37 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 544/2022 RAJEEV WADHAWAN & ANR.
.....Plaintiff Through: Mr. Srikanth Varma & Ms. Pragati Dhawan, Adv.
Versus RANJAN WADHAWAN & ANR.
.....Defendant Through: Mr. Harinder Kumar Bakshi, Adv.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER KUMAR GARG (DHJS) ORDER % 13.10.2023 CS(OS) 544/2022;
I.A. No. 14642/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC) & I.A. No. 16172/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC)
1. It is submitted that matter and captioned IAs are coming up for hearing before the Hon'ble Court on 19.10.2023.
I.A. No. 17128/2023 (by defendants u/S 151 of CPC for condonation of delay of 303 days in filing reply to IA No. 16172/2022).
2. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1773686 dated 23.09.2023. No rejoinder to the said reply has been filed by the defendants. Time sought for filing rejoinder.
3. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
Page 1 of 6This 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 16:31:37
4. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 15644/2023 (by defendant no.1 u/O VIII Rule 1(A)(3) of CPC seeking permission to place on record additional documents)
5. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1851046/2023.. No rejoinder to the said reply has been filed by the defendant no.1. Time sought for filing rejoinder.
6. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
7. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 13074/2023 (by plaintiffs u/S 151 of CPC for not taking on record the written statement of defendants)
8. Perusal of record shows that reply to the captioned IA was filed vide diary no.1384423/2023. It is submitted that the defendant no.2 has signed the said reply for himself and being attorney of defendant no.1 and the said reply has been filed on behalf of both the defendants. Let reply filed vide diary no.1384423/2023 be read for both the defendants.
9. As per office noting, rejoinder to the above said reply has been filed on behalf of plaintiff vide diary no.1773689 dated 09.10.2023.
10. Pleadings qua the captioned IA are complete.
11. Arguments on the captioned IA heard from both the sides. I have perused the entire record available on record carefully.
Page 2 of 6This 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 16:31:37
12. The captioned IA has been filed on behalf of plaintiffs inter alia stating that summons of the suit and application were issued by the Hon'ble Court vide order dated 08.09.2022 and the Hon'ble Court was pleased to restrain the defendants by way of exparte ad-interim injunction. The plaintiffs subsequently complied the provisions of Order XXXIX Rule 3 CPC and served the notice, copy of suit and copy of application by way of email, WhatsApp and post on 09.09.2022. The receipt of the notice and copies of application was also acknowledged by the defendant no.2 on 09.09.2022. It is further mentioned that the summons were also delivered by the process server to the defendant by email, post etc. and latest service was effected on 19.10.2022. It is further mentioned that the defendants after a substantial delay filed their written statement on 10.12.2022 without any application for condonation of delay in filing the same and delay in filing written statement is unsubstantiated by any reason, which renders the written statement liable to be not taken on record.
13. Reply to the captioned IA was filed on behalf of the defendants inter alia stating that the defendants have filed their written statement within limitation period prescribed by law and otherwise also, according to the principles of natural justice, the defendants cannot loose their substantive right of filing written statement on the ground of technicality. It is further mentioned that Order VIII Rule 1 of CPC prescribes the period of 90 days for filing written statement and written statement on behalf of the defendants has been filed within limitation period.
Page 3 of 6This 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 16:31:37
14. It is further mentioned that the defendant no.1 was in USA at the time of passing of order dated 08.09.2022 and has been there ever since. It is further mentioned that it became extremely difficult for him to present all the facts and arrange/search for all relevant documents to be provided to his counsel for preparing written statement. It is further mentioned that furthermore he had to go through numerous audio recordings and search out for the relevant ones and then, he had to go through all the transcripts to verify for any mistakes. It is further mentioned that it is not possible humanly within 30 days and further stated that communication between the defendant no.1 and his counsel and defendant no.2 was made extremely difficult due to time difference between USA and India. It is further mentioned that written statement was filed on 07.12.2022. In reply on merits, the contents of para no.1 to 3 of the captioned IA have not been disputed.
15. Rejoinder to the reply of defendants was filed on behalf of the plaintiffs wherein they denied the averments of the reply and reiterated the averments of their application.
16. I have heard arguments from Mr. Srikanth Varma, Ld. Counsel for plaintiffs and Mr. Harinder Kumar Bakshi, Ld. Counsel for defendants and perused the material available on record carefully. Ld. Counsel for plaintiffs has relied upon judgment titled as "Vidhi Electrical and Engineering Company vs. C and S Electric Ltd. & Ors.", MANU/DE/1667/2022. Ld. Counsel for defendants has relied upon judgment titled as "Naran Anappa Shethi vs. Jayantilal Chunilal Shah", AIR 1987 Guj 205.
Page 4 of 6This 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 16:31:37
17. Perusal of the reply filed on behalf of the defendants would show wherein he has not disputed the fact that service of notice and copy of suit and applications through email, WhatsApp and post was made on the defendants on 09.09.2022. It is also not disputed that the summons of the suit sent through registered post was served on the defendants on 19.10.2022. Ld. Counsel for defendants had contended that written statement was filed on 07.12.2022. However, perusal of record would show that the written statement was filed on 10.12.2022.
18. As per Rule 4 of Chapter VII of Delhi High Court (Original Side) Rules, 2018, the defendant is required to file written statement within 30 days and in case, the same is not filed within 30 days, time can be extended by a further period not exceeding 90 days, if the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days. It is matter of record that no separate application for condonation of delay has been filed by the defendants for explaining sufficient cause and unavoidable reasons.
19. Further, even if, reasons as mentioned by defendants in para no.5 of their reply to the captioned IA, are taken into account, the same are not supported by any document. In the absence of any separate application for condonation of delay and without filing the document in respect of reasons as mentioned, the same cannot be treated as sufficient cause for exceptional and unavoidable reasons for not filing written statement within 30 days. Thus, the defendants have failed to show sufficient cause for not filing the written statement within 30 days from the date Page 5 of 6 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 16:31:37 of their service. The judgment relied upon by Ld. Counsel for defendant is not applicable to the facts of the present matter being distinguishable on facts.
20. Keeping in view of the above said facts & circumstances, the application of the plaintiffs stands allowed and the written statement filed by the defendants on 10.12.2022 is taken off the record.
21. The captioned IA stands disposed off accordingly.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 13, 2023/v Click here to check corrigendum, if any Page 6 of 6 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 16:31:37 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 544/2022 RAJEEV WADHAWAN & ANR.
.....Plaintiff Through: Mr. Srikanth Varma & Ms. Pragati Dhawan, Adv.
Versus RANJAN WADHAWAN & ANR.
.....Defendant Through: Mr. Harinder Kumar Bakshi, Adv.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER KUMAR GARG (DHJS) ORDER % 13.10.2023 CS(OS) 544/2022;
I.A. No. 14642/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC) & I.A. No. 16172/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC)
1. It is submitted that matter and captioned IAs are coming up for hearing before the Hon'ble Court on 19.10.2023.
I.A. No. 17128/2023 (by defendants u/S 151 of CPC for condonation of delay of 303 days in filing reply to IA No. 16172/2022).
2. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1773686 dated 23.09.2023. No rejoinder to the said reply has been filed by the defendants. Time sought for filing rejoinder.
3. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
Page 1 of 6This 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 16:31:37
4. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 15644/2023 (by defendant no.1 u/O VIII Rule 1(A)(3) of CPC seeking permission to place on record additional documents)
5. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1851046/2023.. No rejoinder to the said reply has been filed by the defendant no.1. Time sought for filing rejoinder.
6. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
7. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 13074/2023 (by plaintiffs u/S 151 of CPC for not taking on record the written statement of defendants)
8. Perusal of record shows that reply to the captioned IA was filed vide diary no.1384423/2023. It is submitted that the defendant no.2 has signed the said reply for himself and being attorney of defendant no.1 and the said reply has been filed on behalf of both the defendants. Let reply filed vide diary no.1384423/2023 be read for both the defendants.
9. As per office noting, rejoinder to the above said reply has been filed on behalf of plaintiff vide diary no.1773689 dated 09.10.2023.
10. Pleadings qua the captioned IA are complete.
11. Arguments on the captioned IA heard from both the sides. I have perused the entire record available on record carefully.
Page 2 of 6This 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 16:31:37
12. The captioned IA has been filed on behalf of plaintiffs inter alia stating that summons of the suit and application were issued by the Hon'ble Court vide order dated 08.09.2022 and the Hon'ble Court was pleased to restrain the defendants by way of exparte ad-interim injunction. The plaintiffs subsequently complied the provisions of Order XXXIX Rule 3 CPC and served the notice, copy of suit and copy of application by way of email, WhatsApp and post on 09.09.2022. The receipt of the notice and copies of application was also acknowledged by the defendant no.2 on 09.09.2022. It is further mentioned that the summons were also delivered by the process server to the defendant by email, post etc. and latest service was effected on 19.10.2022. It is further mentioned that the defendants after a substantial delay filed their written statement on 10.12.2022 without any application for condonation of delay in filing the same and delay in filing written statement is unsubstantiated by any reason, which renders the written statement liable to be not taken on record.
13. Reply to the captioned IA was filed on behalf of the defendants inter alia stating that the defendants have filed their written statement within limitation period prescribed by law and otherwise also, according to the principles of natural justice, the defendants cannot loose their substantive right of filing written statement on the ground of technicality. It is further mentioned that Order VIII Rule 1 of CPC prescribes the period of 90 days for filing written statement and written statement on behalf of the defendants has been filed within limitation period.
Page 3 of 6This 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 16:31:37
14. It is further mentioned that the defendant no.1 was in USA at the time of passing of order dated 08.09.2022 and has been there ever since. It is further mentioned that it became extremely difficult for him to present all the facts and arrange/search for all relevant documents to be provided to his counsel for preparing written statement. It is further mentioned that furthermore he had to go through numerous audio recordings and search out for the relevant ones and then, he had to go through all the transcripts to verify for any mistakes. It is further mentioned that it is not possible humanly within 30 days and further stated that communication between the defendant no.1 and his counsel and defendant no.2 was made extremely difficult due to time difference between USA and India. It is further mentioned that written statement was filed on 07.12.2022. In reply on merits, the contents of para no.1 to 3 of the captioned IA have not been disputed.
15. Rejoinder to the reply of defendants was filed on behalf of the plaintiffs wherein they denied the averments of the reply and reiterated the averments of their application.
16. I have heard arguments from Mr. Srikanth Varma, Ld. Counsel for plaintiffs and Mr. Harinder Kumar Bakshi, Ld. Counsel for defendants and perused the material available on record carefully. Ld. Counsel for plaintiffs has relied upon judgment titled as "Vidhi Electrical and Engineering Company vs. C and S Electric Ltd. & Ors.", MANU/DE/1667/2022. Ld. Counsel for defendants has relied upon judgment titled as "Naran Anappa Shethi vs. Jayantilal Chunilal Shah", AIR 1987 Guj 205.
Page 4 of 6This 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 16:31:37
17. Perusal of the reply filed on behalf of the defendants would show wherein he has not disputed the fact that service of notice and copy of suit and applications through email, WhatsApp and post was made on the defendants on 09.09.2022. It is also not disputed that the summons of the suit sent through registered post was served on the defendants on 19.10.2022. Ld. Counsel for defendants had contended that written statement was filed on 07.12.2022. However, perusal of record would show that the written statement was filed on 10.12.2022.
18. As per Rule 4 of Chapter VII of Delhi High Court (Original Side) Rules, 2018, the defendant is required to file written statement within 30 days and in case, the same is not filed within 30 days, time can be extended by a further period not exceeding 90 days, if the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days. It is matter of record that no separate application for condonation of delay has been filed by the defendants for explaining sufficient cause and unavoidable reasons.
19. Further, even if, reasons as mentioned by defendants in para no.5 of their reply to the captioned IA, are taken into account, the same are not supported by any document. In the absence of any separate application for condonation of delay and without filing the document in respect of reasons as mentioned, the same cannot be treated as sufficient cause for exceptional and unavoidable reasons for not filing written statement within 30 days. Thus, the defendants have failed to show sufficient cause for not filing the written statement within 30 days from the date Page 5 of 6 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 16:31:37 of their service. The judgment relied upon by Ld. Counsel for defendant is not applicable to the facts of the present matter being distinguishable on facts.
20. Keeping in view of the above said facts & circumstances, the application of the plaintiffs stands allowed and the written statement filed by the defendants on 10.12.2022 is taken off the record.
21. The captioned IA stands disposed off accordingly.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 13, 2023/v Click here to check corrigendum, if any Page 6 of 6 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 16:31:37 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 544/2022 RAJEEV WADHAWAN & ANR.
.....Plaintiff Through: Mr. Srikanth Varma & Ms. Pragati Dhawan, Adv.
Versus RANJAN WADHAWAN & ANR.
.....Defendant Through: Mr. Harinder Kumar Bakshi, Adv.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER KUMAR GARG (DHJS) ORDER % 13.10.2023 CS(OS) 544/2022;
I.A. No. 14642/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC) & I.A. No. 16172/2022 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC)
1. It is submitted that matter and captioned IAs are coming up for hearing before the Hon'ble Court on 19.10.2023.
I.A. No. 17128/2023 (by defendants u/S 151 of CPC for condonation of delay of 303 days in filing reply to IA No. 16172/2022).
2. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1773686 dated 23.09.2023. No rejoinder to the said reply has been filed by the defendants. Time sought for filing rejoinder.
3. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
Page 1 of 6This 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 16:31:37
4. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 15644/2023 (by defendant no.1 u/O VIII Rule 1(A)(3) of CPC seeking permission to place on record additional documents)
5. As per office noting, reply to the captioned IA was filed on behalf of the plaintiffs vide diary no.1851046/2023.. No rejoinder to the said reply has been filed by the defendant no.1. Time sought for filing rejoinder.
6. It is submitted that the main matter is coming up for hearing before the Hon'ble Court on 19.10.2023.
7. At joint request, let the captioned IA be placed before the Hon'ble Court for further directions on the date already fixed in main matter i.e. 19th October, 2023. I.A. No. 13074/2023 (by plaintiffs u/S 151 of CPC for not taking on record the written statement of defendants)
8. Perusal of record shows that reply to the captioned IA was filed vide diary no.1384423/2023. It is submitted that the defendant no.2 has signed the said reply for himself and being attorney of defendant no.1 and the said reply has been filed on behalf of both the defendants. Let reply filed vide diary no.1384423/2023 be read for both the defendants.
9. As per office noting, rejoinder to the above said reply has been filed on behalf of plaintiff vide diary no.1773689 dated 09.10.2023.
10. Pleadings qua the captioned IA are complete.
11. Arguments on the captioned IA heard from both the sides. I have perused the entire record available on record carefully.
Page 2 of 6This 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 16:31:37
12. The captioned IA has been filed on behalf of plaintiffs inter alia stating that summons of the suit and application were issued by the Hon'ble Court vide order dated 08.09.2022 and the Hon'ble Court was pleased to restrain the defendants by way of exparte ad-interim injunction. The plaintiffs subsequently complied the provisions of Order XXXIX Rule 3 CPC and served the notice, copy of suit and copy of application by way of email, WhatsApp and post on 09.09.2022. The receipt of the notice and copies of application was also acknowledged by the defendant no.2 on 09.09.2022. It is further mentioned that the summons were also delivered by the process server to the defendant by email, post etc. and latest service was effected on 19.10.2022. It is further mentioned that the defendants after a substantial delay filed their written statement on 10.12.2022 without any application for condonation of delay in filing the same and delay in filing written statement is unsubstantiated by any reason, which renders the written statement liable to be not taken on record.
13. Reply to the captioned IA was filed on behalf of the defendants inter alia stating that the defendants have filed their written statement within limitation period prescribed by law and otherwise also, according to the principles of natural justice, the defendants cannot loose their substantive right of filing written statement on the ground of technicality. It is further mentioned that Order VIII Rule 1 of CPC prescribes the period of 90 days for filing written statement and written statement on behalf of the defendants has been filed within limitation period.
Page 3 of 6This 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 16:31:38
14. It is further mentioned that the defendant no.1 was in USA at the time of passing of order dated 08.09.2022 and has been there ever since. It is further mentioned that it became extremely difficult for him to present all the facts and arrange/search for all relevant documents to be provided to his counsel for preparing written statement. It is further mentioned that furthermore he had to go through numerous audio recordings and search out for the relevant ones and then, he had to go through all the transcripts to verify for any mistakes. It is further mentioned that it is not possible humanly within 30 days and further stated that communication between the defendant no.1 and his counsel and defendant no.2 was made extremely difficult due to time difference between USA and India. It is further mentioned that written statement was filed on 07.12.2022. In reply on merits, the contents of para no.1 to 3 of the captioned IA have not been disputed.
15. Rejoinder to the reply of defendants was filed on behalf of the plaintiffs wherein they denied the averments of the reply and reiterated the averments of their application.
16. I have heard arguments from Mr. Srikanth Varma, Ld. Counsel for plaintiffs and Mr. Harinder Kumar Bakshi, Ld. Counsel for defendants and perused the material available on record carefully. Ld. Counsel for plaintiffs has relied upon judgment titled as "Vidhi Electrical and Engineering Company vs. C and S Electric Ltd. & Ors.", MANU/DE/1667/2022. Ld. Counsel for defendants has relied upon judgment titled as "Naran Anappa Shethi vs. Jayantilal Chunilal Shah", AIR 1987 Guj 205.
Page 4 of 6This 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 16:31:38
17. Perusal of the reply filed on behalf of the defendants would show wherein he has not disputed the fact that service of notice and copy of suit and applications through email, WhatsApp and post was made on the defendants on 09.09.2022. It is also not disputed that the summons of the suit sent through registered post was served on the defendants on 19.10.2022. Ld. Counsel for defendants had contended that written statement was filed on 07.12.2022. However, perusal of record would show that the written statement was filed on 10.12.2022.
18. As per Rule 4 of Chapter VII of Delhi High Court (Original Side) Rules, 2018, the defendant is required to file written statement within 30 days and in case, the same is not filed within 30 days, time can be extended by a further period not exceeding 90 days, if the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days. It is matter of record that no separate application for condonation of delay has been filed by the defendants for explaining sufficient cause and unavoidable reasons.
19. Further, even if, reasons as mentioned by defendants in para no.5 of their reply to the captioned IA, are taken into account, the same are not supported by any document. In the absence of any separate application for condonation of delay and without filing the document in respect of reasons as mentioned, the same cannot be treated as sufficient cause for exceptional and unavoidable reasons for not filing written statement within 30 days. Thus, the defendants have failed to show sufficient cause for not filing the written statement within 30 days from the date Page 5 of 6 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 16:31:38 of their service. The judgment relied upon by Ld. Counsel for defendant is not applicable to the facts of the present matter being distinguishable on facts.
20. Keeping in view of the above said facts & circumstances, the application of the plaintiffs stands allowed and the written statement filed by the defendants on 10.12.2022 is taken off the record.
21. The captioned IA stands disposed off accordingly.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 13, 2023/v Click here to check corrigendum, if any Page 6 of 6 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 16:31:38