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2022 Supreme(Del) 1854

NAVIN CHAWLA
Sundeep Bhupinder Singh – Appellant
Versus
Oxon Technology Pvt. Ltd. – Respondent


Advocates appeared:
Mr.Kunal Khanna, Adv., for the Petitioners; Mr. Alok Saxena, Adv., for the Respondents

JUDGMENT

Navin Chawla, J. - CM 105/2022 (Exemption)

1. Allowed, subject to all just exceptions

CM(M)-IPD 19/2022

2. This petition has been filed by the petitioners challenging the order dated 05.09.2022 passed by the learned District Judge (Commercial Court-02), South Distt., Saket, in CS(COMM) 113/2022, titled Sundeep Bhupinder Singh and Anr. v. Oxon Technology Pvt. Ltd., dismissing the application filed under Order VIII Rule 10 of the Code of Civil Procedure, 1908 (in short, the 'CPC') by the petitioners/plaintiffs in the suit, while allowing the application under Order VIII Rule 1 of the CPC filed by the respondents/defendants in the suit, condoning the four days' delay in filing of the written statement, and taking the same on record.

3. The admitted facts are that the respondents/defendants in the suit were served with the summons in the suit on 31.03.2022. The respondents filed their written statement on 04.05.2022, with a delay of four days, however, without the Statement of Truth, Affidavit of Admission and Denial of the documents of the petitioners/plaintiffs in the Suit, and an application seeking condonation of delay in filing of the Written Statement.

4. On 04.05.2022, the le

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