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2022 Supreme(Del) 492

PRATHIBA M.SINGH
Lifestar Pharma Private Limited – Appellant
Versus
Starlife Healthcare – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Ms. Archana Sachdeva.
For the Defendant : Mr. Amit Singh Gulia.

JUDGMENT :

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

I.A. 3480/2021 (for delay in filing written statement) & I.A. 2953/2021 (for delay in filing affidavit of admission/denial)

2. These are two applications filed by the Defendant seeking condonation of delay in filing the written statement and in filing the affidavit of admission/denial.

3. The Defendant had first entered appearance in this matter on 10th February, 2020, which was the first date of listing of the suit. On the said date, the Defendant was directed to file its written statement. Thereafter, the written statement and affidavit of admission/denial ought to have been filed within the prescribed period, as per the Commercial Courts Act, 2015. However, the written statement and the affidavit of admission/denial were filed only on 23rd September, 2020, i.e., with a delay. On the next date before Court, being 1st December, 2020, the Defendant did not appear and Court notice was issued, post which the present applications were filed by the Defendant.

4. Ld. counsel for the Plaintiff opposes the applications, relying upon the judgment of the Supreme Court in Sagufa Ahmed & Ors. v. Upper Assam Plywood

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