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2023 Supreme(Del) 3070

PRATHIBA M. SINGH
Frankfinn Aviation Services Private Limited – Appellant
Versus
Tata Sia Airlines Ltd. – Respondent


Advocates appeared:
Mr. Kapil Midha & Ms. Samiksha Gupta, Advocates, for the Plaintiff.
Ms. Kruttika Vijay, Mr. Aditya Gupta and Mr. Mukul Kochhar, Advocates, for the Defendant.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

I.A.10407/2023 (for delay)

2. This is an application filed by the Plaintiff seeking condonation of delay in filing replication. Ld. Counsel for the parties have been heard. The written statement was taken on record on 7th March, 2022. The Plaintiff filed its replication on 18th April, 2022, however, without the affidavit of admission/denial. The Registry raised objections in respect of the same on 19th April, 2022 and the Plaintiff filed the final replication on 10th May, 2022.

3. It is submitted by ld. Counsel for the Plaintiff that within the overall time of 30 days given in aggregate to remove defects by the Delhi High Court Original Side Rules, 2018 (hereinafter `Original Side Rules'), the Plaintiff has removed the defect of non-filing of admission/denial. He places reliance upon the judgments in COSCO India Ltd. v. Paramsukh Nirman Pvt. Ltd. 2019:DHC:3745 and COSCO International Pvt. Ltd. v. Jagat Singh Dugar 2022:DHC:1406.

4. On the other hand, ld. Counsel for the Defendant relies upon the judgment in Unilin Beheer B.V. v. Balaji Action Buildwell 2019 SCC OnLine Del 8498 to argue that

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