$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 918/2025 MR. ARJAN DUGAL & ANR. .....Plaintiffs Through: Mr. Chander M. Lall, Senior Advocate with Mr. Ashutosh Kumar, Mr. Devanshu Khanna, Mr. Partheshwar Singh, Mr. Ayush Sharma and Ms. Annanya Mehan, Advocates.

Versus MR. SHUBHAM GANDHI & ANR. .....Defendants Through: Ms. Meenu Sharma, Ms. Harshita Goswami and Mr. Kartik Sharma, Advocates. CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 17.12.2025 I.A. 21335/2025 & I.A. 24974/2025

1. I.A. 21335/2025 is an Application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) and I.A. 24974/2025 is an Application filed under Order XXXIX Rule 4 of the CPC.

2. The learned Counsel for the Parties submitted that the pleadings in I.A. 21335/2025 are complete.

3. Vide order dated 08.10.2025, Notice was issued in I.A. 24974/2025. Reply to I.A. 24974/2025 was directed to be filed within a period of four weeks and Rejoinder thereto, if any, was to be filed within a period of two weeks thereafter.

4. The learned counsel for the Defendants submitted that the Defendants have filed the Rejoinder to the Reply to I.A. 24974/2025 on 16.12.2025.

5. The learned Counsel for the Defendants shall take steps to place the said Rejoinder on record.

6. The Parties are at liberty to file consolidated Written Submissions in both these Applications within a period of four weeks.

7. List for hearing on 12.02.2026.

8. Interim order(s), if any, to continue.

I.A. 21336/2025 (for appointment of Local Commissioner)

9. Since the learned Local Commissioner has filed its Report dated

18.09.2025, which is on record, the present Application stands disposed of.

I.A. 29208/2025

10. This is an Application filed on behalf of the Plaintiffs under Section 5 of the Limitation Act, 1963 read with Section 151 of the CPC, seeking condonation of delay in filing the Replication.

11. The learned Senior Counsel for the Plaintiffs submitted that Defendants had filed the Written Statement on or about 04.10.2025 and as per provisions of the Commercial Courts Act, 2015 read with Delhi High Court (Original Side) Rules, 2018 (“Rules”), the statutory period for filing the Replication is 30 days from the date of the receipt of the Written Statement. Accordingly, the period of 30 days for filing the Replication expired on 03.11.2025.

12. It was further submitted that the Plaintiffs could not file the Replication within the initial period of 30 days and the same was filed on 18.11.2025 resulting in delay of 7 days. It was submitted that the delay in filing the Replication was neither intentional nor deliberate but occasioned due to the reason that the Written Statement filed by the Defendants was voluminous and contained detailed and complex allegations of serious nature. Accordingly, the Plaintiffs and their Counsel were required to conduct a thorough review of historical records and documents. Further, the said period coincided with the festive season of Dussehra and Diwali. In view of the above, it was submitted that the delay caused in filing the Replication be condoned in the interest of justice.

13. The learned Counsel for Defendants has submitted that the complete paper-book along with the summons were served on the Defendants on 19.09.2025 and the Written Statement was duly filed by the Defendants much before the expiry of 30 days on 03.10.2025. The Defendants also served an advance copy of the Written Statement to the Plaintiffs on 03.10.2025. Chapter VII Rule 5 of the Rules prescribe the period of 30 days to file Replication from the date of the receipt of the Written Statement. If this Court is satisfied that the plaintiffs were prevented by sufficient cause for exceptional or unavoidable reasons in filing the Replication within the period of 30 days, the time may be extended for a further period of maximum 15 days, but not thereafter.

14. Accordingly, the 30 days time to file Replication expired on 02.11.2025. The reasons for condoning th