Npm Distributors vs Clide International Pvt. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5621

MANMEET PRITAM SINGH ARORA
Npm Distributors – Appellant
Versus
Clide International Pvt. Ltd. – Respondent

Advocates appeared:
Mr. Manmohan, Advocate (Through VC), for the Petitioners.
Mr. Ashwini Kumar, Mr. Vijay Singh and Ms. Garima Verma, Advocates for R-1.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

1. The present petition filed under Article 227 of the Constitution of India impugns the order dated 19.12.2022 passed by the District Judge (Commercial Court), North, Rohini, Delhi in CS (Comm) 282/22 (`Trial Court') whereby the Trial Court struck off the defence of the Petitioners herein.

1.1. The Petitioners are original defendant Nos. 1 to 3 and Respondent No. 1 is the plaintiff and Respondent No. 2 is defendant No. 4 before the Trial Court.

1.2. The commercial suit has been filed by Respondent No. 1 seeking recovery of Rs. 65,01, 674/- along with interest against the Petitioners and Respondent No. 2 and is governed by provisions of Commercial Courts Act, 2015 (`Act of 2015').

2. The Trial Court in its order dated 19.12.2022 recorded that the Petitioners herein have failed to file their written statement within the statutory period of 120 days and further, no application was preferred before the Trial Court for seeking enlargement of time to file the written statement. In view of the said facts, the Trial Court as per Order VIII Rule 1 of Civil Procedure Code, 1908 (`CPC') as amended by the Act of 2015 struck off the defence of th