$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 26^th February, 2026 + CM(M) 1963/2025 & CM APPL. 63532/2025 RANBIR KUMAR SINGHLA .....Petitioner Through: Mr. Ashutosh Bhardwaj and Ms.

Shashi Prakash Dwivedi, Advocates.

versus ESPAL AND COMPANY .....Respondent Through: Mr. M. Tarique Siddiqui, Mr.

AbhishekK.TanwarandMohd.Faisal Khan, 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 by the petitioner/defendant under Article 227 of the Constitution of India, 1950, assailing the order dated 04^th September, 2025, passed by the trial court in CS(COMM) No. 71/2025, whereby the application filed by the petitioner/defendant under Order VIII Rule 1 read with Section 148 of the Code of Civil Procedure, 1908 (‘CPC’), has been dismissed.

3. Heard. Record perused.

4. Learned Counsel for the petitioner has argued that the summons were served upon the petitioner/defendant on 26^th March, 2025. The Trial Court, vide order dated 01^st May, 2025, closed the right of the petitioner to file the written statement on the ground that the same was not filed wit