ACCURATE FREIGHT LOGISTICS Vs. AVON LOGISTICS AND SHIPPING

JUDGEMENT

(1.) Petitioner challenges the order dtd. 17/11/2022 passed in CS (COMM) No. 328/2022, whereby the learned Trial Court has forfeited the right of petitioners, who were the defendants before it, from filing the written statement on the ground that the delay was more than 150 days.

(2.) Mr. Gagan Mathur, learned counsel appearing for the petitioners submits that the only manner in which the summons were served upon the petitioner was WhatsApp which was not accompanied with the copy of the plaint or the documents attached therewith.

(3.) Mr. Mathur submits that in the meanwhile, the petitioner had applied for a certified copy of the plaint along with the documents which were received on 20/9/2022 and subsequently, the petitioner sought to file its written statement on 17/11/2022.