$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 176/2023 KHADI AND VILLAGE INDUSTRIES COMMISSION .....Plaintiff Through: Ms. Devyani Nath and Ms. Vani Sarin, Advocates versus MEET DILIPKUMAR PATEL AND ORS. .....Defendants Through: Ms. Kanishka Sharma and Mr. Utkarsh Joshi, Advocates for D-1.

Ms. Pooja Sarwal, Advocate for D-3.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 16.01.2026 O.A. 205/2025 (Seeking setting aside of order dated 11.08.2025) &

I.A. 29608/2025 (Delay in filing OA 205/2025)

1. This is a Chamber Appeal filed on behalf of defendant no.3 seeking setting aside of order dated 11.08.2025 passed by the Joint Registrar in IA No. 19509/2025, whereby the written statement filed by the defendant no.3 was not taken on record.

2. Learned counsel for the defendant no.3 states that the summons alongwith the copy of the suit plaint was served upon defendant no.3 on 29.03.2025. She submits that the reply to the application under Order I Rule 10, CPC, 1908 impleading the defendant no.3 as a party, was filed within time, however the written statement was filed on 29.07.2025. She submits that the delay of two days cannot become fatal to the substantive right of the def