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Delhi High Court - Orders

Bata India Ltd vs Dvs Shoes Factory on 1 September, 2022

Author: Navin Chawla

Bench: Navin Chawla

                    $~7
                    *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +        CS(COMM) 80/2020 & I.A. 2388-89/2020
                             BATA INDIA LTD.
                                                                       ..... Plaintiff
                                           Through: Ms.Rhea Dube, Adv.

                                               versus

                             DVS SHOES FACTORY
                                                                                   ..... Defendant
                                               Through:       Mr.Abhilash Gupta, Adv.

                             CORAM:
                             HON'BLE MR. JUSTICE NAVIN CHAWLA
                                                    ORDER

% 01.09.2022 The learned counsel for the defendant submits that the defendant would like to explore possibility of an amicable settlement. Though this prayer is not opposed by the learned counsel for the plaintiff, she submits that the time for the defendant to file the written statement has already expired and even the period by which the delay can be condoned has also expired.

Drawing my reference to the order dated 25.08.2020 passed by the learned Joint Registrar (Judicial), she submits that the said order wrongly records the statement of the learned counsel for the plaintiff that the defendant has filed the written statement within the stipulated time. In fact, written statement has not been filed by the defendant till date.

The learned counsel for the defendant fairly admits that written statement has not been filed till date.

Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:02.09.2022 18:40:42

Accordingly, the order dated 25.08.2020 stands modified and the statement of the learned counsel for the plaintiff recorded in paragraph 2 thereof shall stand deleted. The right of the defendant to file written statement also stands closed.

The parties are referred to the Delhi High Court Mediation and Conciliation Centre to explore possibility of an amicable settlement. They shall appear before the Mediation Centre on 15th September, 2022 at 4:00 PM, through their authorized representatives.

List before Court on 14th December, 2022.

NAVIN CHAWLA, J SEPTEMBER 1, 2022/rv Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:02.09.2022 18:40:42