$~

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 28^thMarch, 2026 Date of Decision: 01^st April, 2026 + CM(M) 2569/2024 & CM APPL. 28662/2024 M/S KRISHAN KUMAR SOLE PROPRIETOR M/S BALAJI GLOWTICS .....Petitioner Through: Mr. Virendra Rawat, Mr. Rishabh Sharma and Mr. Siddharth N., Advs.

versus M/S JAILAXMI ENTERPRISES PVT LTD .....Respondent Through: Mr. Shubham Jai and Mr. Ashish Kumar Arya, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

1. The present petition has been filed under Article 227 of the Constitution of India, assailing the order dated 12^th January 2024 passed by the learned Trial Court in C.S. (COMM.) No. 37/2023, whereby the applications filed by the petitioner - one under Order VIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking restoration of the right to file the written statement, and another application for condonation of delay in filing the written statement have been dismissed.

2. Heard. Record perused.

3. LearnedCounselforthepetitionerhasarguedthatthewrittenstatement could not be filed within the stipulated time granted by the learned Trial Court,asthepetitionerwasunabletocommunicatewithhispreviouscounsel,