( 2026:HHC:34710 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COMAP No.2 of 2026 Date of Decision:- 17.08.2026 Xero Energy Engineering Solutions ....Appellants Private Limited and another Versus Novenco Building & Industry A/S ....Respondent Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Appellants : Mr. Kush Sharma, Advocate. For the Respondent : Ms. Shradha Karol and Mr. Vaibhav Singh Chauhan, Advocates. G.S. Sandhawalia, Chief Justice (Oral). The present appeal has been filed by the defendants, who are aggrieved by the order dated 24.06.2026, passed by the learned Single Judge in OMP No. 123 of 2026 & OMP No. 213 of 2026 in COMS No. 13 of 2026, titled as Novenco Building & Industry A/S Vs. Xero Energy Engineering Solutions Private Limited and another. By this order, the defendants' application for condonation of a 33-days delay in filing the written statement was dismissed, the plaintiff's application to close the defendants' 1 Whether reporters of Local Papers may be allowed to see the judgment? right to file a written statement was allowed, and the defendants' written statement was ordered to be struck off the record. 2. On 06.08.2026, we had passed the following order:- “At the outset, counsel for the appellants pointed out that in the recent judgment of the Apex Court in A.K. Ghosh & Company and Others Vs. Biman Bose and Others (2026) SCC OnLine SC 1321, it has been held that an appeal would not be maintainable against an order passed under Order VIII Rule 1 CPC, whereby the right to file a written statement by the defendants was foreclosed on account of being time-barred. Accordingly, he prays for time to assist this Court on this aspect. Accordingly, the proceedings are deferred for 17.08.2026.” 3. Counsel for the appellants submits that he does not wish to press the present appeal, keeping in view the observations made in A.K. Ghosh case (supra). 4. Accordingly, the present appeal is dismissed as withdrawn. Pending miscellaneous application(s), if any, shall stand disposed off. (G.S. Sandhawalia) Chief Justice (Bipin Chander Negi) Judge 17th August, 2026 (Munish Thakur)