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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Sunil Sahoo – Appellant
Versus
Anoop Kumar Jain – Respondent
| Table of Content |
|---|
| 1. appellant's delay in filing written statement. (Para 2 , 3 , 4) |
| 2. arguments for extension of time to file were inadequate. (Para 5 , 17) |
| 3. court's discretion on extensions has defined limits. (Para 6 , 10 , 12 , 13 , 14 , 15 , 16) |
| 4. legal framework mandates strict adherence to timelines. (Para 7 , 8 , 9 , 11) |
| 5. appeal dismissed; no further costs. (Para 18) |
JUDGMENT
Navin Chawla, J. (Oral)--The hearing has been conducted through video conferencing.
2. This appeal has been filed challenging the order dated 30.01.2020 passed by the learned District Judge-Commercial Court-05 (Central) in Suit, being CS (Comm) No.152/2020, Anoop Kumar Jain v. Sunil Sahoo, holding that as the appellant herein (defendant in the Suit) has not filed the written statement till the date of the order, his right to file the written statement stands closed and his defence struck off.
3. The respondent had filed the above Suit under the Commercial Courts Act, 2015 (hereinafter referred to as the `Act'), on which the learned Trial Court issued summons to the appellant vide order dated 23.09.2019. Admittedly, the summons was served on the appellant on 20.10.2019. As the appellant, in spite of
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