Jadav Chandra Dey v. Sukanto Barua & ORS.

$~112 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1603/2025& CM APPL. 52731-52733/2025 JADAV CHANDRA DEY .....Petitioner Through:

Mr. Dibyadyuti Banerjee, Adv.

versus SUKANTO BARUA & ORS.

.....Respondent Through:

Mr. Mani Cinmoy, Mr. Ajay Tiwari, Mr. Abhinav Akash, Advs.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 25.08.2025 CM APPL. 52732/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CM(M) 1603/2025 3.

Petitioner is defendant before learned Trial Court who is aggrieved by dismissal of his application moved under Section 8 of Arbitration & Conciliation Act, 1996.

4.

Learned counsel for respondents enters appearance on advance notice. 5.

Learned Trial Court recorded that the abovesaid application had been moved after the right to file written statement had been closed. 6.

Any such application under Section 8 of Arbitration & Conciliation Act, 1996 has to be moved quickly and well before the expiry of period CM(M) 1603/2025 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 28/08/2025 at 11:59:58

prescribed for filing written statement. Since, there is belated filing, there cannot be said to be any illegality or perversity in the observations recorded by learned Trial Court.

7.

After hearing some arguments, learned counsel for petitioner does not press the present petition and submits that he would move appropriate application before the learned Trial Court seeking liberty to file written statement.

8.

Be that as it may, in view of above, the present petition is disposed of as not pressed.

9.

All rights and contentions of parties are reserved. 10.

Petitioner is always at liberty to move any such application and as and when the same is filed, learned Trial Court shall consider the same in accordance with law, after giving due opportunity of hearing to both the sides. 11.

It is, however, made clear that this Court has not expressed any opinion on the merits of the proposed application.

MANOJ JAIN, J AUGUST 25, 2025/ck/pb CM(M) 1603/2025 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 28/08/2025 at 11:59:58