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HIGH COURT OF DELHI
Date of Decision: 21.11.2023
DR NEERAJ SAHNI ..... Petitioner
Through: Mr. S.S. Dhir, Advocate
Through: Mr. Vishwendra Verma Shivali, Advocate
JUDGMENT
1. This petitionfiled under Article227 of Constitutionof India impugns theorder dated 05.08.2023 passed by the District Judge (Commercial)-03, West District, Tis HazariCourts, Delhi (‘Trial Court’) in CS (COMM) NO. 396/2021, titled as ‘M/s Dentsply India Pvt. Ltd. v. Dr. Neeraj Sahni’, whereby theTrialCourt dismissed the Petitioner’s application filed under Order VIII Rule 1 of Codeof Civil Procedure, 1908 (‘CPC’) and struck off his defense on theground that thewritten statementis not accompanied with an application seeking condonation of delay.
2. The Petitioneris the defendantand the Respondent is the plaintiff in the commercial suit filed for recovery of Rs. 17,39,113/-
3. After somearguments, withtheconsent of the parties, the impugned CM(M) 1562/2023 order dated 05.08.2023is set aside subject to Petitioner paying costs of Rs. 15,000/- to the Respondent within one (1) week.
4. Since, theTrialCourt has struck off the defense of the Petitioner on the ground of non-filing of application seeking condonation of delay in filing of written statement, it would be instructiveto refer to the judgment of CoordinateBench of this Court in Sundeep Bhupinder Singh and Anr. v. Oxon Technology Private Limited and Others, 2022 SCC OnLine Del
3127. TheCourt in the said judgment in similar circumstances, relying on the judgment of Supreme Court in A.P. Distributors v. Ok Play India (P) Ltd., 2022 SCC OnLineSC 1512, allowed thewritten statement to be taken on record filed within 120 days and not accompanied with application seeking condonation of delay.
5. In view of the aforesaid and subject to thepaymentofaforesaid costs, the Trial Court is directed to take the written statement along with the statement oftruth andaffidavitofadmission/denialofdocuments on record.
6. The Respondents will file his replication along with the affidavit of admission/denial of documents on or before 13.12.2023.
7. It is made clear that if the Petitioner defaults in making payment of costs, then the order dated 05.08.2023 shall come into operation.
8. With theaforesaid directions, thepresentpetition is allowed. Pending application is disposed of.