CM(M) 946/2022

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$~57(Appellate)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CM(M) 946/2022 & CM APPL. 40086/2022, CM APPL.

40087/2022, CM APPL. 40088/2022

CLASSICO BRANDS (INDIA) PVT. LTD ..... Petitioner

Through:

Mr.Ankit Jain, Mr.Mohit Goel,

Mr.Abhishek

Kotnala,

Mr.Deepankar

Mishra and Ms.Jyoti Goyal, Advs.

versus

MIS STELLA INDUSTRIES LIMITED

..... Respondent

Through:

Mr.Amit

Bhatia

and

Mr.Samyak Jain, Advs.

CORAM:

HON’BLE MR. JUSTICE C. HARI SHANKAR

J U D G M E N TO R A L)

%

12.09.2022

1.

CS (Comm) 89/21 was filed by the respondent against the

petitioner under the Code of Civil Procedure, 1908 (CPC) as amended

by the Commercial Courts Act, 2015. Learned Counsel are ad idem

that summons in the suit were served on the petitioner on 16^th

February 2022.

2.

Oder VIII Rule 1 of the CPC stipulates 30 days from the date of

service of summons as the time within which written statement may

be filed in response to the suit. The proviso to Order VIII Rule 1 of

the CPC, as substituted by the Commercial Courts Act, reads as under:

“Provided that where the defendant fails to file the written

statement within the said period