$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 13^th April, 2026 + CS(OS) 56/2025 & O.A. 86/2026, I.A. 9988/2026 SHIVA BUILDTECH PVT. LTD. & ORS. .....Plaintiffs Through: Mr. Ramesh Kumar, Adv.

Mob: 9540999465 Email: chiramelco@hotmail.com versus AGGCON EQUIPMENTS INTERNATIONAL PVT. LTD. & ORS.

.....Defendants Through: Mr. Santosh Kumar Chaurihaa, Adv.

(Through VC)

Mob: 9811193843 CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL):

O.A. 86/2026 & I.A. 9988/2026

1. The present chamber appeal has been filed under Rule 5 Chapter II of the Delhi High Court (Original Side) Rules, 2018, against the order dated 20^th November, 2025, passed by the learned Joint Registrar (Judicial) in I.A. 18293/2025, whereby, the delay in filing the written statement by defendant nos. 1 to 3 was not condoned.

2. In the impugned order dated 20^th November, 2025, the learned Joint Registrar (Judicial) has held as follows:

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7. Perusal of record shows that the defendant nos. 1 to 3 were served with the summons of the suit through email by the Registry on 20.03.2025 and were also served through ordinary mode on 26.03.2025. Thereafter, the said defendants filed the written statement vide diary no.5063338 on 24.07.2025, which was returned under objection. Perusal of record further shows that the defendants have filed their written statement after expiry of extended period of 120 days. Since the condonable period for filing written statement is already over, the captioned IA is dismissed.

xxx xxx xxx”

3. Perusal of the aforesaid order shows that it is the clear finding of the learned Joint Registrar (Judicial) that the written statement of defendant nos.

1 to 3 has been filed after the expiry of the extended period of 120 days.

4. This Court notes that the present suit is governed by the Delhi High Court (Original Side) Rules, 2018, wherein, as per Chapter VII Rule 2, the period for filing of the written statement is counted from the date of service of the summons. Rule 2 of the Chapter VII of the the Delhi High Court (Original Side) Rules, 2018, reads as under:

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2. Procedure when defendant appears.—If the defendant appears personally or through an Advocate before or on the day fixed for his appearance in the writ of summons:—

(i) where the summons is for appearance and for filing written statement, the written statement shall not be taken on record, unless filed within 30 days of the date of such service or within the time provided by these Rules, the Code or the Commercial Courts Act, as applicable. An advance copy of the written statement, together with legible copies of all documents in possession and power of defendant, shall be served on plaintiff, and the written statement together with said documents shall not be accepted by the Registry, unless it contains an endorsement of service signed by such party or his Advocate.

(ii) the Registrar shall mark the documents produced by parties for purpose of identification, and after comparing the copies with their respective originals, if they are found correct, certify them to be so and return the original(s) to the concerned party.

xxx xxx xxx”

(Emphasis Supplied)

5. Further, Rule 4 of Chapter VII of the Delhi High Court (Original Side) Rules, 2018, clearly stipulates that the written statement has to be filed within a period of 30 days of receipt of the summons and the Court on being shown sufficient cause, can extend the time for filing the written statement for a further period not exceeding 90 days, but not thereafter. Rule 4 of Chapter VII of the Delhi High Court (Original Side) Rules, 2018, reads as under:

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4. Extension of time for filing written statement:- If the Court is satisfied that the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days, it may extend the time for filing the same by a further period not exceeding 90 days, but not thereafter. For such extension of time, t