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2023 Supreme(Del) 5742

SACHIN DATTA
Satish Kumar Sakuja – Appellant
Versus
Appolo Cranes Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Amit Sethi, Mr. Arpit Goel and Ms. Ekadhana Sethi, Advocates, for the Plaintiff; Mr. Ajit Kumar Gola and Mr. Jitender Panchal, Advocates, for the Defendants

JUDGMENT

Sachin Datta, J. - IA No.2154/2023 (filed on behalf of the defendants seeking condonation of delay in filing reply to the application under Order XIII-A Rule 1, 6 & 7 read with Section 151 CPC) and 19935/2022 (under Section 151 CPC, filed on behalf of plaintiff seeking closure of right of the defendants to file reply to IA No.10358/2022)

1. The facts relevant for the disposal of the present applications, briefly stated, are that the plaintiff has filed an application [IA. No. 10358 / 2022] under Order XIII-A of Code of Civil Procedure, 1908 ("CPC") seeking a summary judgment. Vide order dated 08.07.2022, notice of the said application was issued and accepted by the defendants and the defendants were given four weeks' time to file a reply. However, no reply came to be filed in the said time period. Vide order dated 11.10.2022, the defendants were granted a further period of two weeks to file a reply. No reply came to be filed even in this extended time period. On 25.11.2022, the present application [IA No. 19935/2022] came to be filed by the plaintiff seeking closure of the right of the defendants to file reply to the application under Order XIII-A of CPC. On 28.11.2022, repl

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