JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ]

CM APP No. 5590/2023

1. This is an application seeking exemption from filing certified copies of the annexures.

2. Exemption is allowed, subject to all just exceptions.

3. Application stands disposed of.

CM(M) 178/2023 & CM APP No. 5589/2023 (Stay)

4. The petitioner challenges the order dated 31.10.2022 passed in CS(COMM) 167/2022 titled ‘Aditya Birla Fashion and Retail Ltd vs Mayank Gupta’, whereby the application under Section 5 of Limitation Act, 1963 read with Section 151 of CPC, 1908 (hereinafter referred to as “CPC”) seeking condonation of delay in filing affidavit of admission/denial was dismissed.

5. Ms. Rahana Ahmed, learned counsel for the petitioner submits that the summons in the suit were served upon the petitioner/defendant on 01.12.2021. Consequent thereto, written statement alongwith the Statement of Truth was filed by the petitioner/defendant on 21.02.2022.

6. Ms. Ahmed further submits that the application under Order XIII A of CPC was filed by the respondent/plaintiff seeking summary judgment on the ground that in the absence of affidavit of admission/denial on behalf of the pet