J U D G M E N T

06.10.2023 MINI PUSHKARNA, J:

I.A. No. 15134/2019 (application under Section 151 of Code of Civil Procedure, 1908 (CPC) for condonation of delay in filing the appeal)

1. For the reasons as stated in the application, delay of 42 days in filing the present appeal is condoned.

2. Application is accordingly disposed of.

Signature Not Verified Digitally Signed By:CHARU OA No. 129/2019, I.A. No. 15132/2019 Introduction

3. The present Original Appeal has been filed on behalf of defendant no. 1 in the suit i.e. Indian Oil Corporation Limited under Chapter II Rule 4 and 5 of the Delhi High Court (Original Side) Rules, 2018 (“DHC Rules, 2018”) read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) for setting aside the order dated 26th August, 2019 passed by learned Registrar in the suit i.e. CS (COMM) No. 844/2017. By way of the impugned order, the learned Registrar has struck off the written statement filed on behalf of Appellant/defendant no. 1 on the ground that the same had been filed without affidavit of admission/denial and beyond the statutory period of limitation.

Facts

4. Facts and dates relevant for the disposal of the present appeal are as under:

4.1 24th November, 2017- The suit was filed by the plaintiff on 24th November, 2017 under The Commercial Courts Act, 2015.

4.2 11th December, 2017- Plaintiff filed an application, I.A No.

14752/2017 under Section 151 CPC, inter-alia seeking exemption from filing certified/original copies, typed copies of dim documents, documents with lesser margins, fonts filed with the plaint.

4.3 24th November, 2017- Plaintiff filed an application bearing I.A No.

14751/2017 under Order XI Rule 1(4) of Commercial Courts Act, inter-alia, seeking permission of this Court for placing on record additional documents.

Signature Not Verified Digitally Signed By:CHARU

4.4 12th December, 2017- This Court allowed the application of plaintiff bearing I.A. No. 14751/2017 and plaintiff was granted ten weeks time to file the additional documents. Summons was issued in the suit.

4.5 04th January, 2018- Summons was served upon Appellant/defendant no. 1.

4.6 01st February, 2018- Appellant/defendant no. 1 preferred an application being I.A. No. 1654/2018, inter-alia, seeking extension of time for filing the written statement.

4.7 05th February, 2018- Extension of time for filing written statement was allowed by this Court.

4.8 20th February, 2018- Additional documents were filed on behalf of plaintiff in terms of order dated 12th December, 2017. The said additional documents were served upon Appellant/defendant no. 1 on

20th August, 2018.

4.9 21st February, 2018- Plaintiff filed an application, I.A. No. 3789/2018 under Section 151 CPC, inter-alia, seeking leave to file further additional documents.

4.10 22nd March, 2018- By order dated 22nd March, 2018, I.A. No.

3789/2018 was allowed by this Court and plaintiff was directed to file additional documents within four weeks. Appellant/defendant no.1 was directed to file written statement along with affidavit of admission/denial of documents.

4.11 04th April, 2018 - Order was passed by this Court, inter-alia, directing the plaintiff to provide soft copies of all the documents to the defendants within two weeks from the date of the order i.e. on or before 18th April, 2018.

Signature Not Verified Digitally Signed By:CHARU

4.12 19th April, 2018- Plaintiff filed additional documents in terms of order dated 22nd March, 2018. The said additional documents were served upon the appellant/defendant no. 1 on the same date i.e. 19th April, 2018.

4.13 04th May, 2018- Appellant/defendant no. 1 filed two applications.

First application, being I.A. No. 6232/2018 was filed with prayer for modification of order dated 22nd March, 2018 whereby exemption application of plaintiff, being I.A. No. 3788/2018 was allowed. Second application, being I.A. No. 6233/2018 was filed with the prayer not to take on record the additional documents filed by plaintiff on 19th April, 2018 and to close the ri