$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 922/2024 M/S BTW INDIA PRIVATE LIMITED AND ORS .....Plaintiffs Through: Mr. Aditya Chopra, Advocate.

versus M/S BITTOO CHAAT WALA .....Defendant Through: Mr. Siddharth Chaudhary, Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 23.01.2026 I.A. 20962/2025

1. This application is filed on behalf of the Plaintiffs under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 79 days in filing the replication to the written statement filed by the Defendant.

2. It is an admitted case in the application that copy of the written statement along with affidavit of admission/denial was received by the Plaintiffs on 21.11.2024 and replication was filed on 10.03.2025. Hence there is a delay of 79 days in filing the replication. Plaintiffs assert that the delay occurred owing to the ill-health of their counsel.

3. It needs no reiteration that Rule 5 of Chapter VII of Delhi High Court (Original Side) Rules, 2018 provides that replication shall be filed by the Plaintiff within 30 days of receipt of written statement and delay up to 15 days can be condoned if Court is satisfied that there was sufficient cause which prevent