Deepak Arora vs Lal Sons - 2023 Supreme(Del) 28

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 28

TUSHAR RAO GEDELA
Deepak Arora – Appellant
Versus
Lal Sons – Respondent

Advocate Appeared:
For the Petitioner:Mr. Rishi Sood, Advocate.
For the Respondent:Mr. Deep Dhamija and Mr. Rakesh Gupta, Advocates.

JUDGMENT :

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. Petitioner challenges the order dated 20.07.2022, whereby the learned Trial Court has rejected the condonation of delay application seeking condonation of delay in filing the written statement on record. To be noted, the impugned order arises from a Commercial Suit pending before the learned Trial Court.

2. Mr. Rishi Sood, learned counsel appears for the petitioner and submits that the summon of the suit was received by the petitioner on 10.03.2022. The next date of hearing as per the summons was 27.04.2022. On 27.04.2022, the learned Presiding Officer (‘PO’) of the learned Trial Court was on leave and, therefore, no proceedings were undertaken on that date.

3. Learned counsel submits that an SMS requesting complete copy of the suit be supplied to the counsel for the petitioner was sent to the counsel for the respondent/plaintiff.

4. Learned counsel for the respondent/plaintiff disputes this aspect.

5. Learned counsel for the petitioner submits that on 16.05.2022, an email was sent to the counsel for the respondent/plaintiff seeking clear copies of the suit as well as the documents annexed theret

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