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2023 Supreme(Del) 1892

PRATEEK JALAN
South Delhi Municipal Corporation – Appellant
Versus
Delhi Gurgaon Super Connectivity Limited – Respondent


Advocates appeared:
Rakesh Mittal, Ms. Yamini Mittal, Ajay Harshawa & Prabhat Chowdhary, Advocates, for the Plaintiff.
Gautam Bajaj, Advocate, for the Defendant-1.
Neeraj Malhotra, Senior Advocate with Ajit Warrier, Angad Kochhar, Arbaaz Hussain, Ms. Arundhati Srivastava, Nimish Kumar & Ms. Shreya Singh, Advocates, for the Defendant-2.
Ajit Warrier, Angad Kochhar, Arbaaz Hussain & Ms. Arundhati Srivastava, Advocates, for the Defendant-3.

JUDGMENT

Prateek Jalan, J. (Oral)

O.A. 47/2020 (Original Appeal on behalf of the defendant No. 2 under Chapter II Rule 5 of the Delhi High Court (Original Side) Rules, 2018 challenging the order dated 09.09.2020 passed by the learned Joint Registrar (Judicial) of this Court) & I.A. 10180/2020 (for condonation of delay)

1. The present appeal filed by the defendant No. 2 is directed against an order of the learned Joint Registrar dated 09.09.2020, by which defendant No.2's right to file a written statement was closed.

2. The facts, in so far as they are relevant for the purposes of the present appeal, are as follows:

a. The plaintiff, South Delhi Municipal Corporation, instituted the suit for recovery of Rs.15,73,95,405/-, alongwith pendente lite and future interest, on 25.02.2017.

b. Summons were served upon defendant No. 2, pursuant to which it first entered appearance on 25.05.2017 and submitted before the learned Joint Registrar that it did not receive a copy of the documents. The documents were supplied to it on the same date by learned counsel for the plaintiff. Defendant No.2 was also granted an opportunity to the file the written statement.

c. No written statement was filed with

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