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DELHI HIGH COURT
ASHA MENON
Ok Play India Pvt. Ltd. – Appellant
Versus
A.P. Distributors – Respondent
| Table of Content |
|---|
| 1. filing suit under article 227. (Para 1 , 2) |
| 2. delay in filing written statement. (Para 3 , 4) |
| 3. court's acceptance of condonation application. (Para 5 , 8) |
| 4. need for application for condonation of delay. (Para 6 , 10) |
| 5. mandatory adherence to timelines. (Para 9 , 12) |
| 6. erred court observations regarding condonation. (Para 15) |
| 7. final order of setting aside the impugned order. (Para 16 , 17) |
JUDGMENT
[VIA VIDEO CONFERENCING]
1. This petition under Article 227 of the Constitution of India has been filed by the plaintiff before the learned Commercial Court, being aggrieved with its order dated 26th November, 2019, whereby it had rejected the objections raised by the petitioner/plaintiff against the belated filing of the written statement by the respondents/defendants, allowing an application filed for condonation of delay much after the period of limitation.
2. The petitioner/plaintiff had filed the suit bearing number CS (COMM) 81/2018, for the recovery of a sum of Rs.7,68,000/-. Summons were duly served on the respondent on 23rd January, 2019.
3. Mr. Anirudh Wadhwa, learned counsel for the petitioner/plaintiff submitted that the written statement had to be fil
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