JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. The petitioners challenge the order dated 11.01.2023 passed by the First Appellate Court (RCT) in RCT No.04/2022 titled `Sh. Anil Kumar Kuchhal & Anr. Vs. Sh. Pradyuman Kumar Aggarwal & Anr.' whereby the first appeal against the order dated 20.11.2021 passed by the ARC whereby an application under Order VIII Rule 1 CPC, 1908 seeking condonation of delay in filing the written statement was dismissed.

2. Mr. Dalal, learned senior counsel appearing for the petitioners submits that in a long line of judgments of the Hon'ble Supreme Court, the right of the defendant to file the written statement even beyond the prescribed period of 30 days and extended period of 90 days had been condoned, though the same was subject to exemplary costs. Learned counsel also refers to the judgment in Kailash vs. Nankhu reported in (2005) 4 SCC 480, additionally by Division Bench of this Court in Jamaluddin vs. Nawabuddin & Ors. Neutral Citation Number-2023/DHC/001211

3. In the present petition, Mr. Dalal, learned senior counsel appearing for the petitioners submits that the same counsel had been appearing for