$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 10^th January, 2024 + CS(COMM) 538/2020, I.As. 20524/2023 & 21327/2023 LOUIS DREYFUS COMPANY INDIA PVT LTD ..... Plaintiff Through: Mr. Upinder Singh and Ms. Sharanya Bhatnagar, Advs. (M. 9810709402)

versus NUTRILITE AGRO PRODUCTS PVT LTD ..... Defendant Through: Ms. Shruti Sharma, Adv. (M.

9599314258)

CORAM:

JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

I.A.21327/2023 (for delay)

2. The present is a suit filed by the Plaintiff seeking damages as well as loss of profits from the Defendant on account of failure to complete contractual obligations dated 22^nd October, 2020, regarding supply of Indian Origin Corn to Louis Dreyfus Company Asia Pte. Ltd (a sister company based in Singapore) . Earlier the suit was filed seeking specific performance and injunction against the Defendant, thereafter vide order dated 29^th April, 2022 the plaint was amended to include damages and loss of profits.

3. This is an application for condonation of 164 days delay in filing the replication. The delay in filing the replication is admittedly more than 45 days.

4. Ld. Counsel for the parties have addressed the Court and have highlighted the relevant rules of the Delhi High Court (Original Side) Rules, 2018, which are set out below:

CS(COMM) 538/2020 Page 1 of 8 Signature Not Verified Digitally Signed “4. Extension of time for filing written statement.—If the Court is satisfied that the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days, it may extend the time for filing the same by a further period not exceeding 90 days, but not thereafter. For such extension of time, the party in delay shall be burdened with costs as deemed appropriate. The written statement shall not be taken on record unless such costs have been paid/ deposited. In case the defendant fails to file the affidavit of admission/ denial of documents filed by the plaintiff, the documents filed by the plaintiff shall be deemed to be admitted. In case, no written statement is filed within the extended time also, the Registrar may pass orders for closing the right to file the written statement.

5. Replication.- The replication, if any, shall be filed within 30 days of receipt of the written statement. If the Court is satisfied that the plaintiff was prevented by sufficient cause for exceptional and unavoidable reasons in filing the replication within 30 days, it may extend the time for filing the same by a further period not exceeding 15 days but not thereafter. For such extension, the plaintiff shall be burdened with costs, as deemed appropriate. The replication shall not be taken on record, unless such costs have been paid/ deposited. In case no replication is filed within the extended time also, the Registrar shall forthwith place the matter for appropriate orders before the Court. An advance copy of the replication together with legible copies of all documents in possession and power of plaintiff, that it seeks to file along with the replication, shall be served on the defendant and the replication together with the said documents shall not be accepted unless it contains an endorsement of service signed by the defendant/his Advocate.

6. Affidavit of admission/denial of documents with replication.-Alongwith the replication, the plaintiff CS(COMM) 538/2020 Page 2 of 8 Signature Not Verified Digitally Signed shall also file an affidavit of admission/ denial of documents filed by the defendant, without which the replication shall not be taken on record.

7. Affidavit of admission/ denial of documents, even if replication not filed.- Irrespective of whether the plaintiff files the replication or not, the plaintiff shall be bound to file affidavit of admission/ denial of documents filed by the defendant alongwith the written statement within the time permissible for filing replication. In case the plaintif