Sarvesh Bisaria v. Naresh Hem Rajani

$~A-9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 44/2024 SARVESH BISARIA .....Petitioner Through:

Mr. Rajiv K. Garg and Mr. Ashish Garg, Advocates with petition in person.

versus NARESH HEM RAJANI .....Respondent Through:

Mr. Deepak Dahiya and Mr. Lalit and Mr. Gautam Mehlawat, Advocates.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 11.09.2024 CM APPL. 53156/2024 (delay) 1.

The captioned application has been filed seeking condonation of delay in filing reply.

2.

For the sufficient cause being shown in the applications, the delay of 18 days in filing the reply is condoned. Reply is taken on record. 3.

The application stands disposed of.

C.R.P. 44/2024 & CM APPL. 6630/2024 (stay) 4.

Learned counsel appearing on behalf of the parties fairly conceded that the Trial Court vide order dated 19th December, 2023, while allowing the leave to defend to the defendant in Civil Suit bearing number 557 of 2019 has not considered the admitted delay in filing the leave to defend. 5.

Learned counsel appearing on behalf of the parties submitted that 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 13/09/2024 at 12:19:07

while setting aside the impugned order, the matter may be remanded back to the Additional District Judge-01, West, Tis Hazari Courts, Delhi to consider the right to leave to defend after considering and adjudicating the delay on the part of the defendant in filing the leave to defend. 6.

Heard learned counsel appearing on behalf of the parties and perused the contents made in the petition as well as the order impugned. 7.

This Court is inclined to allow the prayer as made by the learned counsel appearing on behalf of the parties. The impugned order dated 19th December, 2023 is set aside. The matter is remanded back to the Additional District Judge-01, West, Tis Hazari Courts, Delhi with a direction to take into consideration the delay in filing the leave to defend and adjudicate first the delay and thereafter consider the defendant's right of leave to defendant on merits in accordance with law expeditiously, preferably within a period of three weeks from the date of submission of the order. 8.

Accordingly, the petition is disposed of alongwith pending applications, if any.

CHANDRA DHARI SINGH, J SEPTEMBER 11, 2024 NA/av Click here to check corrigendum, if any 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 13/09/2024 at 12:19:07