BIMAL PAPERS PVT LTD Vs. JAYCO SALES

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order dtd. 23/11/2023 passed by the Ld. Sh. Sanjay Sharma-II, DJ (Commercial - 11) Central, Tis Hazari Courts, New Delhi in CS (Comm) No. 2361 of 2022 titled as 'M/S Bimal Papers Pvt. Ltd. Vs. M/S Jayco Sales', whereby, the application under Sec. 5, Limitation Act, 1963 seeking condonation of delay of one (1) day in filing the written statement, filed by the Respondent herein, was allowed.

(2.) The learned counsel for the Petitioner states that the Trial Court has condoned the delay in filing the written statement by the Respondent; however, the Trial Court has failed to adjudicate upon the following specific objections raised by the Petitioner before the Trial Court:

(3.) He states that the adjudication of the said objections was necessary as in the absence of the conformity of the provisions applicable under CPC as amended by Commercial Courts Act, 2015, the written statement could not be taken on record. He states that these deficiencies will prejudice the progress of trial, as trial proceedings will remain embroiled in these deficiencies being cured.