SUNDEEP BHUPINDER SINGH Vs. OXON TECHNOLOGY PVT. LTD.

JUDGEMENT

(1.) Allowed, subject to all just exceptions

(2.) This petition has been filed by the petitioners challenging the order dtd. 5/9/2022 passed by the learned District Judge (Commercial Court-02), South Distt., Saket, in CS(COMM) 113/2022, titled Sundeep Bhupinder Singh and Anr. v. Oxon Technology Pvt. Ltd., dismissing the application filed under Order VIII Rule 10 of the Code of Civil Procedure, 1908 (in short, the 'CPC') by the petitioners/plaintiffs in the suit, while allowing the application under Order VIII Rule 1 of the CPC filed by the respondents/defendants in the suit, condoning the four days' delay in filing of the written statement, and taking the same on record.

(3.) The admitted facts are that the respondents/defendants in the suit were served with the summons in the suit on 31/3/2022. The respondents filed their written statement on 4/5/2022, with a delay of four days, however, without the Statement of Truth, Affidavit of Admission and Denial of the documents of the petitioners/plaintiffs in the Suit, and an application seeking condonation of delay in filing of the Written Statement.