$~5

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 111/2021

BIRMALA PROJECTS PVT. LTD. ..... Plaintiff

Through: Mr. Naresh K. Daksh, Advocate

versus

ASHWANI AHLUWALIA & ANR. ..... Defendants

Through: Defendant No.1 in person.

CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 20.07.2023
I.A. 10048/2021 (condonation of delay 121 days in filing written
statement, by Defendant No.1) and I.A. 10076/2021 (delay 121 days
in filing written statement, by Defendant No.2)
1. These applications have been filed by Defendants No.1 and 2
respectively seeking condonation of delay of 121 days in filing the
written statements.
2. It is stated in the applications that written statements could not
be filed within the time provided under Order VIII Rule 1 CPC, as
amended by the Commercial Courts Act, 2015 on account of factors
beyond the control of Defendants. Summons issued by this Court were
accepted by the counsel and endeavour was made to file the written
statements within 30 days, however, Defendant No. 1 was in judicial
custody in connection with a criminal case initiated by the Plaintiff
and was unable to take requisite steps on time. Additionally, on
account of Pandemic COVID-19, the counsel could not be contacted
for preparing the written statements.
3. It is contended on behalf of the Defendants that the delay in
filing the written statements is bona fide and neither of the factors,
CS(COMM) 111/2021 Page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 15/11/2023 at 20:34:07
 aforementioned, i.e. judicial custody of Defendant No. 1 and
Pandemic COVID-19 were in control of the Defendants. It is thus
prayed that in the interest of justice the delay be condoned and written
statements be taken on record.
4. It is a matter of record that Defendant No. 1 was in judicial
custody in the relevant period and Defendant No. 2 is his son who was
naturally impacted by this event. It is equally undisputed that the
outbreak of Pandemic COVID-19 had created a most extraordinary
and unprecedented environment which was unforeseen. Pandemic had
impacted normal functioning in various institutions and lives of
individuals. Taking cognizance of the challenges faced by humanity
and the difficulties faced by the litigants across the country, the
Supreme Court took suo moto cognizance and passed an order on
23.03.2020 in In Re: Cognizance For Extension of Limitation, Suo
Motu Writ Petition (Civil) No.3/2020, extending the period of
limitation in all proceedings in respective Courts/Tribunals across the
country. Vide an order dated 10.01.2022, the Supreme Court had in all
cases where limitation expired between 15.03.2020 to 28.02.2022
extended the limitation period by 90 days commencing from
01.03.2022.
5. In light of the order of the Supreme Court and the factum of the
judicial custody of Defendant No. 1, this Court is of the view that the
delay in filing the written statements deserves to be condoned.
6. Accordingly, delay in filing the written statements is condoned
and the written statements are taken on record.
7. Applications stand disposed of.
CS(COMM) 111/2021 & I.A. 3609/2021, I.A. 10014/2021, I.A.
10075/2021, I.A. 12343/2021 & I.A. 156/2022

8. Replications be filed by the Plaintiff within four weeks from

today.
CS(COMM) 111/2021 Page 2 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 15/11/2023 at 20:34:07
 9. List before the learned Joint Registrar for further proceedings
on 18.09.2023.

JYOTI SINGH, J
JULY 20, 2023/kks/shivam

CS(COMM) 111/2021 Page 3 of 3

This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 15/11/2023 at 20:34:07