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HIGH COURT OF DELHI
SAURABH BANERJEE, J
AMBUJA CEMENTS LIMITED – Appellant
Versus
SHIV KRIPA STEELS & ANR. – Respondent
| Table of Content |
|---|
| 1. defendant no.2 seeks condonation of delay in filing written statement. (Para 1 , 2 , 3 , 4) |
| 2. arguments on service of summons and delay in filing. (Para 5 , 6 , 10 , 11 , 19 , 21) |
| 3. court's observations on service and delay issues. (Para 7 , 8 , 9 , 12 , 14 , 15 , 16 , 17 , 18 , 22) |
| 4. decision on application dismissal and costs imposed. (Para 13 , 20 , 23) |
| 5. next steps for the case proceedings. (Para 24) |
ORDER
% 12.09.2024 I.A. 23149/2023-Delay 47 days in filing written statement of D-2
1. By virtue of the present application, the defendant no.2 seeks condonation of delay of 47 days in filing the written statement which has since been filed way back on 17.01.2023.
2. Considering the past involved wherein the very same defendant no.2 has since been appearing for long and has moved a similar application which has since been dismissed, it is prudent for this Court to lay out the sequence of events as under:-
| Dates | Particulars |
| 03.06.2022 | Ex-parte ad-interim injunction passed restraining defendant nos.1 and 2 and summons issued to them. |
| 16.06.2022 | Defendant no.2 served. Affidavit of Compliance filed on 20.07.2022 |
| 29.10.2022 | Defendant No.1 filed Affidavit stating that they were ma |
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