IN THE HIGH COURT OF DELHI AT NEW DELHI

(ORIGINAL CIVIL JURISDICTION)

C.S. (COMMERCIAL) NO. 663 OF 2024
IN THE MATTER OF:
AHV INVESTMENT PRIVATE LIMITED
...PLAINTIFF
VERSUS
SWARN JAYANTI CONSTRUCTIONS
PVT. LTD. & ORS.
…DEFENDANTS
(INDEX)
I I -7
S. No. PARTICULARS PAGES
'
I -
1. Application under Proviso to Order VIII Rule 1 r/w
S.151 CPC also r/w Rule 4 of Delhi High Court 1-5

(Original Side) Rules,2008 alongwith Supporting

Affidavit
2. Proof of Service 6
3.
I, I Affidavit of Service I 7 I

FILED BY

Place:New Delhi INDIRA BHAKAR

Date:14.07.2025 ADVOCATE,
28, PANDIT RAVI SHANKAR
SHUKLA LN, COPERNICUS MARG,
NEW DELHI, DELHI 110001
Email ID [email protected]
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CD
(ORIGINAL CIVIL JURISDICTION)
I.A. NO: --- OF 2025 NC I Ol OLLI-II cuw,n f LL
DLC I OH1 O�i.54G2SOtiM
09..JlJL-2025

IN
C.S. (COMMERCIAL) NO. 663 OF 2024
1 1 1 1 1 1 1 1 11111 111 1 1 1111 1 1111 1 1 11 111 1�I
IN THE MATTER OF:
AHV INVESTMENT PRIVATE LIMITED
... PLAINTIFF
VERSUS
SWARN JAYANTI CONSTRUCTIONS
PVT. LTD. & ORS. . .. DEFENDANTS

APPLICATION ON BEHALF OF DEFENDANTS UNDER PROVISO TO

ORDER VIII RULE 1 R/W SECTION 151 OF TH E CODE OF CIVIL
PROCEDURE, 1908 READ WITH RULE 4 OF TH E DELH I HIGH
COURT (ORIGINAL SIDE) RULES, 2018 SEEKING CONDONATION
OF DELAY OF 118 DAYS IN FILING THE WRITTEN STATEMENT
MOST RESPECTFULLY SHOWETH:
1. That the aforesaid matter is pending adjudication before this Hon'ble Court
and listed for further hearing on 16.07.2025 before the Registrar for the
Completion of service.
2. That this Hon'ble Court, vide Order dated 28.05.2025, has directed the
defendants, including the present defendant, to file their Written Statement,
and further directed the completion of service and pleadings, making of
exhibits, and admission/denial of the documents.
3. That this Hon'ble Court, vide Order dated 18.03.2025, noted that the service
of summons issued to Defendant No. I remained unserved. Further, the learned
counsel appearing for the defendant also pointed out that they had not received
 a copy of the paper book. Subsequently, the counsel for the plaintiff supplied
a complete copy of the paper book to the defendants.
4. It is submitted that, the Defendents has set out the facts and circumstances of
the case in detail in accompanying written statement, which are not repeated
here for the sake of brevity and craves the leave of the Hon 'ble Court to refer
and rely upon the same for disposal of the instant petition.
5. It is submitted that vide Order dated 18.03.2025, this Hon'ble Court directed
the defendants to complete the pleadings, file the Written Statement, complete
service, and proceed with the making of exhibits and admission/denial of the
documents. However, the present defendant was suffering from ailments due
to which she was unable to follow up with her advocate to get the Written
Statement finalized and to take the necessary steps to have it filed.
6. It is respectfully submitted that Defendant No.2 and Defendant No.3 were out
of the country due to exigencies beyond their control and could return to India
only in the last week of June 2025. In view of their absence, defendants were
unable to convene, deliberate upon, and finalize their respective written
statements within the period prescribed by law.
7. Upon the return of Defendant No. I and Defendant N o.2, detailed consultations
were held between all the Defendants and their counsel to ascertain the facts
in issue and to compile the necessary records and evidence relevant to the
defence of the present suit. The process of identifying, retrieving, and collating
the requisite documents and materials was time-consuming, as certain records
were maintained at different locations and required verification for accuracy
and completeness.
8. After the Defendants provided their considered instructions and supporting
documentation, the drafting of the Written Statement was undertaken on
11.07.2025. The draft was then forwarded to the Defendants for their perusal
and verification, as mandated under law to ensure that the pleadings reflect
their true and correct stand.
9. However, immediately thereafter, the deponent fell seriously ill (High fever)
and was suffering from ailments on account of which he was rendered
physically incapacitated and unable to complete the process of finalization and
filing within the stipulated time. This unforeseen illness further contributed to
the delay in filing.
10.It is respectfully submitted that the copy of the plaint and accompanying
documents were duly served upon the Defendants on 18.03.2025. In terms of
the applicable provisions governing commercial suits, specifically the
Commercial Courts Act, 2015 read with the relevant provisions of the Code
of Civil Procedure, 1908 as amended, the Defendants were required to file
their Written Statement within a maximum period of 120 days from the date
of service of summons.
11.It is submitted that the delay in filing the written statement was neither
deliberate nor intentional but due to the aforesaid reasons further it is humbly
submitted that a liberal approach that be adopted and the Hon'ble court should
not take too strict and pedantic stand which may cause injustice while
considering the application.
118 days
12.That no prejudice will be caused to the other parties if the delay of __
in filing the Written Statement on behalf of Defendants condoned, but the
defendants' rights will be prejudiced if is not permitted to file written
statement in the present case.
13. That the present application is made in bonafide and in the interest of justice.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may be
pleased to:
a. Condone the delay of118
_ days in filing the written statement on behalf
of the defendants.
b. Pass such other and further orders as the Court may deem fit and proper
in the interest of justice.
{i)

DEFENDANT
THROUGH

Place: New Delhi

/4~
INDIRA BHAKAR
Date: ~ .01 2025 ADVOCATE,
28, PANDIT RAVI SHANK.AR
SHUKLA LN, COPERNICUS MARG,
NEW DELHI, DELHI 110001
Email ID [email protected]
 IN THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL CIVIL JURISDICTION
I.A. NO: _ _ _ _ OF 2025
IN
C.S. (O.S.) NO. 603 OF 2024
IN THE MATTER OF:
AHV INVESTMENT PRIVATE LIMITED
... PLAINTIFF
VERSUS
SWARN JAYANTI CONSTRUCTIONS
PVT. LTD. & ORS.
. .. DEFENDANTS
AFFIDAVIT
I, I, Shailendra Kumar Jain, aged about 65 years, S/o- Vimal Chand Jain, Rio- K-
34, Green Park Main, New Delhi, presently at New Delhi, do hereby solemnly
affirm and declare on oath as under:
1. That the deponent is the authority representative of the defendants in the
above Application and well conversant with the facts and circumstances of the
case, hence competent to swear this affidavit.
2. That the contents of the Accompanying application have been drafted by
my counsel on my instructions and the content_of the same have been read over
and explained to me in vernacular.
3. That all the information in the above noted application is true and correct
to the best of my knowledge and belief and no information is concealed therein
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Verified at New Delhi on ,: d~y

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p J.JLU-¥--1"'-u--:--.1-- - ' 2025 that the contents
of the above affidavit are best of my knowledge and no

ATTESTED DEPONENT
' "' '
RAJESH KUMAR SONTHALIA
Advocate, Delhi (Bharat)
Notary Regn. No .. 49577
Govt. of India
M. No.9811101889
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INDIRA BHAKAR
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SUPREME COURT OF INDIA
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 7

IN THE HIGH COURT OF DELHI AT NEW DELHI

ORIGINAL CIVIL JURISDICTION
C.S. (O.S.) NO. 603 OF 2024
IN THE MATTER OF:
AHV INVESTMENT PRIVATE LIMITED
... PLAINTIFF
VERSUS
SWARN JAY ANTI CONSTRUCTIONS
PVT. LTD. & ORS. ... DEFENDANTS
AFFIDAVIT OF SERVICE
I, Indira Bhakar, Office at: 28, Pandit Ravi Shankar Shukla Ln, Copernicus Marg,
New Delhi, Delhi 110001 do hereby solemnly affirm and declare as under:

DEPONENT

~~
R:\JESH KUMAq SONTHALIA
ate
J) 1,1 : 98111 018 89 Arlvocate, Delhi (Bharat)
LL , 9~ No. : 4957 N ota ry Regn. No. 49577
\ 1, Date of Expiry G ovt. of India
~ - 25103/2030 M. No. 9811101889
0, ~ DEL tq,r/96---
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