JUDGMENT

Prathiba M. Singh, J.(Oral)

CM APPL. 4637/2020 (exemption)

1. Allowed, subject to all just exceptions. Application is disposed of.

CM (M) 136/2020

2. A suit for recovery was filed by M/s. Dhingra Construction Company-Respondent/Plaintiff (hereinafter `Plaintiff') against North Delhi Municipal Corporation (hereinafter `Corporation') as Defendant No.1 and the Executive Engineer of the Corporation as Defendant No.2. It was pleaded by the Corporation that due to change of panel of counsels etc. and various other reasons the written statement on behalf of the Corporation was delayed. However, the trial court, has vide the impugned order dated 24th January 2020, refused to take the written statement on record.

3. Ld. counsel for the Corporation submits that the Trial Court has failed to consider that insofar as the Defendant No.2 was concerned, the service of summons was effected only on 12th October, 2019. Accordingly, she submits that the written statement was within time and ought to have been taken on record.

4. Summons were issued on 17th September, 2019. The Defendant No.1 was served on 23rd September, 2019 and the Defendant No.2 - Executive Engineer was served on