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2022 Supreme(Del) 1068

ANUP JAIRAM BHAMBHANI
Cosco International Private Limited – Appellant
Versus
Jagat Singh Dugar – Respondent


Advocates appeared:
Mr. Nishant Dutta, Advocate, for the Appellant; Ms. Renuka Arora, Advocate, for the Respondent.

JUDGMENT

Anup Jairam Bhambhani, J. (Oral). - By way of the present appeal filed under Chapter II Rule 5 of the Delhi High Court (Original Side) Rules, 2018 read with section 151 of the Civil Procedure Code1908, the defendant/applicant seeks setting aside of order dated 23.10.2020 passed by the learned Joint Registrar, declining to take the defendant's written statement on record.

2. A brief timeline of the dates that are relevant to decide the present O.A. is as follows:

    22.09.2018: Defendant was served summons in the suit.

    16.10.2018: Counsel for the defendant appeared and was granted a week's time to file written statement.

    01.11.2018: The format for affidavit of admission/denial was notified.

    16.10.2018: Written Statement was attested by the defendant.

    18.01.2019: Written Statement was filed for the first time vide Diary No.83763 of 2019; however, without filing the affidavit of admission/denial of documents along with it.

    19.01.2019: Period of 120 days from service upon the defendant expired.

    29.05.2019: Affidavit of admission/denial of documents filed.

    3. Ms. Renuka Arora, learned counsel appearing for the appellant/defendant, submits that, as is seen from the foregoing timeline, the de

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