$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12^th February, 2026 + CM(M) 295/2026 & CM APPL. 7948/2026 M/S JEET ENGINEERING WORKS SOLE PROPRIETORSHIP THROUGH ITS SOLE PROPRIETOR KANTA PACHNANDA .....Petitioner Through: Mr. Prabhoo Dayal Tiwari and Mr.

Radhey Sham, Advocates.

versus M/S DOON TRADING CO. SOLE PROPRIETORSHIP THROUGH ITS SOLE PROPRIETOR SH. RAJESH KUMAR DUDANI .....Respondent Through: Mr. Neeraj Chaudhari, Mr. Akshay Chandra, Mr. Prem Nath Upadhyay and Ms. Vipasana Bubna, Advocates.

CORAM:

HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA

ORDER (Oral)

Rajneesh Kumar Gupta, J.

1. This hearing has been conducted through hybrid mode.

2. The present petition has been filed under Article 227 of the Constitution of India, assailing the order dated 05^th July, 2024 passed by the learned Trial Court in C.S. (COMM) No. 598/2023, whereby the application filed by the petitioner/defendant under Section 5 of Limitation Act, 1963 seeking condonation of delay in filing the written statement has been dismissed.

3. Learned counsel for the respondent appears on advance notice and accepts notice.

4. The matter is taken up for hearing with the consent of learned counsel for the parties.

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