SUNIL KUMAR GUPTA Vs. VATSAL MITTAL

JUDGEMENT

(1.) The petitioner, who is the defendant in CS (Comm) 276/2020 pending before the District Judge, Commercial Court-01, Shahdara, Karkardooma Court, Delhi, assails an order dtd. 10/1/2022 by which the Trial Court has taken his written statement off the record on the ground of delay.

(2.) The plaintiff-respondent filed a suit for recovery of a sum of ?6,40,801/- alongwith pendente lite and future interest on 22/2/2020. Although there is some controversy with regard to the date of service of summons, the defendant's own case is that the summons were served on 23/3/2021. The written statement was, however, filed only on 26/8/2021, after lapse of the maximum period contemplated under Order VIII Rule 1 of the Code of Civil Procedure, 1908 ["CPC"], as it applies to commercial courts.

(3.) The defendant made an application under Order VIII Rule 1 of the CPC for condonation of 35 days' delay in filing of the written statement. The grounds taken were that the parties had been referred to mediation on 23/3/2021, the very date when the summons were served upon him. The parties were referred back to the Court on 19/7/2021. It was also stated that in the course of COVID-19 pandemic, the defendant and his counsel have suffered various medical emergencies due to which the written statement could not be filed.