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2021 Supreme(Del) 2154

NAVIN CHAWLA
Mothers Pride Education Institution Private Limited – Appellant
Versus
Shukla Sehgal – Respondent


Advocates appeared:
Mr. Jai Mohan, Advocate, for the Appellant; Mr. Kamal Bansal, Advocate, for the Respondent.

Judgment

Navin Chawla, J. - This petition has been filed by the petitioner challenging the order dated 25.02.2020 passed by the learned District Judge (Commercial Court-02), West District, Tis Hazari Courts, New Delhi, in Suit, being CS(COMM) No.448/2019, striking off the written statement filed by the defendant/petitioner herein from the record, and the order dated 20.10.2020, dismissing the application filed by the petitioner under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'Code') as amended by the Commercial Courts Act, 2015 (hereinafter referred to as the 'Commercial Courts Act'), refusing to condone the delay in filing of the written statement by the petitioner.

2. The above Suit was filed by the respondent herein on 19.09.2019 under the Commercial Courts Act. Vide order dated 02.11.2019, summons in the suit was issued to be served on the petitioner, and was served on the petitioner on 12.12.2019. The petitioner entered appearance in the suit on 06.01.2020 and prayed for time to file the written statement. The learned Trial Court by i

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